Category Archives: Publications

It is common for contractors which have contractual relationship with both public administrations and private sector employers to submit performance bonds to guarantee the proper fulfillment of their contractual obligations. Such performance bonds are kept by the employer until the completion of all the works under the contract or the expiry of the guarantee period […]

While the negative effects of the Coronavirus (COVID19) epidemic continues especially in international trade, it gains importance to prove such effects of the epidemic on bilateral trade relations. In that respect; force majeure certificates are frequently used in practice. What are Force Majeure Certificates in Different Jurisdictions? The People’s Republic of China, which has been […]

In accordance with the 5th paragraph added to the 1st clause of Article 14 of the Labor Law No. 1475 with the amendment of the Law dated 25/8/1999; it has been regulated that if the employee meets the criteria of working period and number of premium days other than the age requirement regarding retirement, he […]

Surety and guarantee contracts, which are the two most commonly used methods to secure receivables, are often confused as both contain personal guarantees. However, it is important to distinguish these two types of contracts, since both the validity conditions of the same and the assurances that they provide are different. The main elements that distinguish […]

A surety agreement, which is one of the types of personal guarantee regulated in detail under Articles 581 to 603 of the Turkish Code of Obligations numbered 6098 (“TCO”), is defined under Article 581 of the TCO as “the contract under which the surety undertakes to be personally responsible for the consequences of the debtor’s […]

WHAT IS A SURETY AGREEMENT UNDER TURKISH CODE OF OBLIGATIONS? A surety agreement, which is one of the types of personal guarantee regulated in detail under Articles 581 to 603 of the Turkish Code of Obligations numbered 6098 (“TCO”), is defined under Article 581 of the TCO as “the contract under which the surety undertakes […]

Since it became significantly difficult for the creditors to collect their receivables nowadays, it has become a necessity to secure the payment of receivables. In that respect; in order to create a more reliable situation in collecting his receivables, the creditor in a debt relationship may request a third party to provide assurance against the […]

United Nations Convention on International Contracts on the Sale of Goods (“CISG”), known as the Vienna Convention, was adopted on 11.4.1980 and entered into force on 1 January 1988 to ensure uniformity of the legal rules regarding the purchase and sale of movable property in international trade and harmonization of the legal regulations within the […]

Disputes arising between the parties of a legal relationship are generally resolved by the parties through enforcement offices or courts and the parties seek their rights before these institutions. However; alternative dispute resolution methods are becoming more and more widespread due to the fact that these legal processes take extremely long time in our country […]

Unfortunately, many companies have lost their economic competence due to the economic problems experienced over the past year and the additional negative effects caused by the Coronavirus (COVID-19) epidemic and they sought different efforts to ensure the performance of their debts. Especially, the tendency of the banks to refrain from allocating facilities forced companies to […]