Law of Obligations and Contracts

Law of Obligations and Contracts

The Law of Obligations is in Every Aspect of Life

The Law of Obligations forms the foundation of all legal relationships in the daily lives of individuals and institutions.

A lease agreement, sales contract, service procurement, or a debt relationship — all are within the scope of the Law of Obligations.

As SVK Law, our goal is to legally secure both the individual and commercial contracts of our clients and to resolve potential disputes as quickly as possible.

With our Izmir and Bursa offices, we offer professional support in consultancy, contract design, debt collection, and compensation lawsuits.

Contract Drafting and Review Processes

Every contract establishes a balance of rights and obligations between the parties. If this balance is disrupted, serious consequences arise in both commercial and individual terms.

Frequently Drafted Contract Types:

  • Sales, Lease, and Service Agreements

  • Employment, Subcontracting, and Consultancy Agreements

  • Dealership, Franchise, and Supply Agreements

  • Non-Disclosure (NDA) and Non-Compete Agreements

  • Project, Technology, and Software Agreements

SVK Law arranges every contract in light of sectoral requirements and judicial precedents. Thus, future disputes are prevented.

Debt Relations and Receivables Lawsuits

Debt relations arise in every contract involving payment, delivery, or service performance. If the debt is not performed, the creditor party can initiate a lawsuit or enforcement proceedings.

Basic Stages:

  • Preparation of a Notice of Default (İhtarname) or Payment Order

  • Initiation of Enforcement Proceedings

  • Removal of Objection or Negative Declaratory Action (Menfi Tespit)

  • Compensation process if necessary

As SVK Law, we develop strategic defense plans for both the creditor and the debtor. We conduct a risk analysis in every file and prioritize pre-litigation resolution if a settlement is possible.

Breach of Contract and Compensation Lawsuits

When the breach of contract by one party causes damage to the other, a right to compensation arises. This damage can be pecuniary (financial loss) or non-pecuniary (loss of reputation, time, opportunity).

Common Disputes:

  • Delivery delays

  • Poor quality or incomplete service

  • Non-payment

  • Violation of confidentiality

  • Failure to fulfill commitments

Before every lawsuit, SVK Law examines the provisions of the contract in detail and determines the compensation strategy based on the fault rate and scope of damage.

Statute of Limitations in the Law of Obligations

Statute of limitations periods are one of the most critical elements in debt and compensation lawsuits.

Dispute TypeStatute of Limitations
General Debt Claims10 years
Tort / Compensation2 Years (from learning), 10 Years (in any case)
Contract-Based Claims10 years
Commercial Contracts5 years
Construction/Work Contracts (Defective Work)5 years

Missing these deadlines may lead to the dismissal of the case. Therefore, early action is essential in Law of Obligations processes.

Evidence in Law of Obligations Cases

The element that wins the case in a debt or contract dispute is correct evidence management.

Accepted Evidence:

  • Written contracts and emails

  • Invoices, bank receipts, waybills

  • Witness statements (under certain conditions)

  • Notary Notices (İhtarname)

  • Delivery reports

Collection of evidence in accordance with the procedure determines the direction of the case. SVK Law strengthens the client’s justification by preparing the document chain completely.

Termination of Debts and Modes of Performance

A debt can be terminated through performance, release, statute of limitations, or novation.

Modes of Termination:

  • Performance (İfa): Fulfillment of the obligation.

  • Release (İbra): The creditor forgiving the debtor.

  • Merger (Birleşme): The creditor and debtor becoming the same person.

  • Novation (Yenileme): Creating a new debt to replace the old one.

SVK Law conducts risk analysis especially for transactions that will create new debts (e.g., restructuring, installment planning).

Frequently Asked Questions (Law of Obligations)

Is it necessary to consult a lawyer when signing a contract?

Yes. Even a small clause error can lead to a significant compensation risk.

In some cases, yes; however, written form is recommended due to difficulty in proof.

Enforcement proceedings are initiated; if objected to, it is moved to court.

Pecuniary loss, loss of income, loss of opportunity, and non-pecuniary damages can be claimed.

Yes, but if it is disproportionate, it can be reduced by the court.

SVK Law provides effective representation in litigation processes along with preventive legal consultancy to its individual and corporate clients.

With contract and litigation strategies specially prepared for each client, time loss and risk are minimized.

Our Service Areas:

  • Contract drafting and review

  • Receivables and compensation lawsuits

  • Execution and bankruptcy processes

  • Mediation negotiations

  • Corporate consultancy

     

Law of Obligations and Contracts

Contract drafting, debt collection, default, tort, and liability law processes.

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Other Practice Areas

Labor and Employment Law

Labor and Employment Law

Legal support in reinstatement lawsuits, severance and notice pay, overtime receivables, mobbing, work accidents, and mediation processes.

Family and Divorce Law

Family and Divorce Law

Expertise in uncontested and contested divorce, custody, alimony, matrimonial property regimes, and domestic protection orders.

Enforcement Law

Enforcement Law

Debt collection, enforcement proceedings without judgment, seizure, removal of objection, bankruptcy, and collection management.

Inheritance Law

Inheritance Law

Consultancy in estate distribution, reduction lawsuits, annulment of wills, and reserved portion cases.

Criminal Law

Criminal Law

Effective defense during investigation and prosecution stages; legal representation in detention, arrest, judicial control, and appeal processes.

Frequently Asked Questions

Frequently Asked Questions

You can learn about your legal processes by browsing our Frequently Asked Questions page. Additionally, you can submit your inquiries to us by clicking the "Contact Us" button below.

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