Law of Obligations

Obligations law is a legal field that regulates the obligation relationships in civil law. Its subject matter includes the birth of obligation relationships, debt obligations, and the termination of debt. AVD Law Firm is experienced and an expert in obligations law cases.

What is Obligations Law?

Obligations law, which governs the obligation relationships that arise as a result of a obligation relationship between individuals and which is a legal field closely related to individuals and institutions, arises in everyday life. In daily life, we establish or eliminate many important relationships to meet, destroy, consume or produce daily needs… In short, we always establish or eliminate debtor relationships or obligations in order to survive. In this case, obligations law examines the obligation relationship, which is a single model that can be filled with different contents according to the subject matter, including the unjust act, legal transaction, unjust enrichment, and acting without power of attorney. From these sources, the creditor’s rights and the creditor and the debtor who are linked by these rights are found. The Turkish Obligations Law is at the top of the primary sources of obligations law. This law consists of two sections, which can be described as private obligation relationships and general obligation relationships.

Obligation Relationship

A obligation relationship specifies the legal relationship between the debtor and the creditor in which the debtor is obligated to act, give something or refrain from acting towards the creditor. The obligation relationship, which constitutes the basis of obligations law, forms a relationship for both private and general rules for the parties. The obligation relationship is made up of three elements: the obligation subject matter, the creditor and the debtor. In any obligation relationship, the debtor is obligated to perform a certain act towards the creditor. If the debtor does not fulfill this obligation voluntarily, the creditor’s property may be seized through the state’s enforcement agencies. If the debtor does not pay his debt, the creditor may seize the debtor’s assets through the state’s enforcement agencies.

Contract in Obligations Law

A legal transaction that is performed through mutual and reciprocal declarations of will by the parties involved is a contract. This contract is a bilateral legal practice. Legal practices are generally described as declarations of will aimed at creating a legal result. Contracts are established by the parties’ agreement on their declarations of will within the scope of free will. The declaration of will can be explicit or made in an implicit form. Due to the principle of contract freedom in obligations law, the parties can determine the form of the contract as they wish. In cases where the law requires a validity form, three forms emerge. These are official form, written form, and verbal form.

The nullity of contracts is an issue that arises from the absence of complementary and constitutive elements or the absence of these elements. In obligations law, the nullity of contracts is grouped under two subheadings: revocability and definite nullity.

Obligations Arising from Unlawful Acts

Unlawful act refers to causing harm to another through an illegal act and faulty behavior. The elements that a performed act must have to be considered as an unlawful act are:

• Causality link.
• Damage.
• Fault.

Illegal act. In the regulation of unlawful acts in the law, provisions on strict liability in addition to fault liability are included. In addition, cases of strict liability include:

• Danger liability.
• Liability of the employer.
• Liability of the building owner.
• Liability of fairness.

Sources of Obligation Relationships

The reasons that create a obligation relationship are the sources of obligation. These are:

• Obligation from unjust enrichment.
• Obligation from wrongful acts.
• Obligation arising from legal agreement and transaction.

What are Obligations Law Cases?

 Obligations law cases generally cover:

• Ordinary partnership agreement cases.
• Guarantee agreement cases.
• Agency agreement cases.
• Service agreement cases.
• Lease agreement cases.
• Construction agreement cases.
• Donation agreement cases.
• Sale agreement cases.
• Transfer and participation of agreement cases.
• Transfer of obligation and assumption of obligation cases.
• Lawsuits and demands related to penal conditions.
• Unjust enrichment claims.
• Cases related to unjust actions of legal entities.
• Legal disputes arising from worker-employer relationship.
• Insurance agreement cases.
• Cases resulting from medical intervention.
• Compensation cases for bodily harm and death.
• Cases arising from wrongful acts.
• Cases on liability arising from agreement.

Legal Services We Offer in Obligations Law

At AVD Law Firm, we provide legal support in many matters in the field of Obligations Law. We have expertise and successful results in preparing contracts in this area. Our lawyers, who play an effective role in all types of obligations law lawsuits, also provide services in the following areas:

• Disputes arising from contracts.
• Preparation of contracts.
• Commercial contracts.
• Merger and transfer contracts.
• Sports law contracts.
• Security contracts. AVD Law Firm promises effective and secure legal solutions in obligations law lawsuits.

 Our team of experienced and expert lawyers in the field, solution-oriented work discipline, and customer satisfaction approach make a difference in the sector. We focus on providing quality service with our corporate structure and operation. Our expert lawyers in the field are always ready to serve you.