Pre-Contract Concept
A preliminary contract is a contract that puts one or both of the parties under the obligation to perform the main contract. For example, a promise to sell immovable property is a preliminary contract. This contract gives rise to the obligation to conclude an immovable sale contract in the future. It is regulated in Article 29 of the Turkish Code of Obligations. According to this article;
“Contracts regarding the future conclusion of a contract are valid.
Except for the exceptions stipulated by law, the validity of a preliminary contract shall depend on the form of the future contract.
depends”
In order to talk about a preliminary contract, the future contract must be an obligatory transaction.
The preliminary contract imposes an obligation on the parties to conclude the main contract in the future. Therefore, the parties determined in the preliminary contract must make a declaration of will to conclude the main contract. When the parties refrain from fulfilling the obligation to perform the main contract arising from the preliminary contract, in other words, when the declaration of will to conclude the main contract is avoided, the judge’s judgement replaces the declaration of will of the party who refrains from concluding the main contract.
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