Today I will give some information regarding the new Code of Obligations, which may be interesting for expats living in Turkey. It consists of 649 articles and 22 chapters, and it is a very important legislative change, though some people seem to underestimate this.
The new law was introduced to the public through the mention of its effects on daily life. Barbequing on the balcony seems to be a key element of daily life in the eyes of some editors, such that “‘No more barbeques on the balcony,’ new code of obligations says” was the most popular headline of some newspapers breaking the news of the new code. Personally, I am not happy with this oversimplification, which suggests that somebody is underestimating the wisdom of the average Turk. Certainly, there are many more important regulations affecting daily life that are now coming into force.
Just a quick piece of information: The new Turkish Code of Obligations consists of 649 articles and 22 chapters.
If I may mentions some of the changes in brief:
Contracts
One of the major changes concerns the pre-drafted and non-negotiable, must-sign-to-get-the service type of agreement that is usually put on the desk by the bank, Internet service provider, insurance company, car rental company, etc. Under the new law the individual is more likely to be protected against such big companies.
The dominant party in a contract, such as a bank, must clearly inform the other party about the clauses that go against his or her interest and must obtain the consent of that party. I can see that now the banks will prepare additional forms which state the clauses against the borrower, and the borrower will have to sign -- to add on to all the other paperwork. Anyway, this is a step forward protecting the interest of the consumer.
If the dominant party of an agreement (supposedly the party who drafts the contract) violates this rule, clauses harming the other party shall be deemed null and void. Any ambiguous wording will be interpreted in favor of the signing party and not the drafting party (such as a bank).
Tenant-landlord rental matters
Tenants are now more protected against landlords. I think they were already very well protected but still, this is a change. The landlord is now supposed to bear the additional maintenance costs of the building. The additional costs are those that fall outside of the scope of regular costs and may include changing the elevator system of the building, general heating system repair, roof repair and exterior thermal sheathing, and the insulation and painting of the property. I should say that the insulation matter will become more important by the time the Law for Energy Efficiency comes into force.
With respect to neighborhood matters, the new law brings a handy solution to the problem of misbehaving tenants. The tenant should respect the building rules. If the tenant violates these regulations, the landlord may issue the tenant a 30-day notice for relief. If the tenant fails to remedy the situation, then the landlord shall have the right to terminate the rental agreement.
