F A Q

In the case of a contract breach, Turkish law provides injured parties the right to seek remedies which may include claiming damages, requesting specific performance, or terminating the contract. The type of remedy will depend on the breach's nature and the damage's extent. Compensatory or punitive damages, specific performance ordered by a court, or contract termination might be considered based on the severity of the breach.

Yes, the Turkish Medical Device Regulation in Turkey is exactly compatible with the European Union Medical Device Regulation, even many of the article numbers are the same, it can be said that it is a direct translation of the EU legislation.

No, although the product liability law in Turkey has limited similarities to the previous EU product liability directive, the current law is quite different from the EU legislation.

Yes, some types of contracts in Turkey require specific formalities, such as written form, notarization, or registration, to be considered valid and enforceable. Notably, contracts involving property sales and future promises of property sale must be in writing and signed before a notary or public official, while other contracts may be oral or implied unless stipulated by law or party agreement.

The Turkish Code of Obligations operates on the principle of freedom of contract, allowing parties to freely choose their contracting party and determine the contract's content, provided they do not violate mandatory laws, public order, morality, or personal rights. It also includes general principles such as good faith, interpretation, performance, breach, and remedies that apply to all contracts.

The CISG regulates contracts for the international sale of goods. It includes provisions related to the sale, delivery, payment, and breaches of contract for physical goods. However, it does not cover services, consulting, or licensing contracts.

Yes, the CISG applies only when contracts are strictly for the sale of goods and when both parties to the contract have their places of business in different countries that are signatories to the CISG. It does not cover domestic sales or sales of services.

The CISG is designed to provide a uniform legal framework that is independent of country-specific legal systems. If a dispute arises, the CISG will be applied first, which helps to reduce conflicts arising from differences in national laws.

In cases where contract terms are unclear or incomplete, the gaps are filled by referring to the intentions of the parties or, failing that, in accordance with the general principles of the CISG.

Legal assistance for CISG disputes in Turkey is available. Law offices such as ISTLEGAL Attorneys at Law specialize in providing litigation and corporate services related to international contract law and CISG disputes in Turkish commercial and contract law.

The newly ratified international treaty by the Council of Europe aims to ensure that AI and IT systems align with human rights, the rule of law, and democratic principles. It establishes a comprehensive legal framework to oversee the development and use of AI and IT, promoting responsible practice and thorough risk assessment throughout their entire lifecycle.

The treaty acknowledges the international mosaic of legal systems by allowing both public and private sectors varied methods of compliance. This flexible approach facilitates the adoption and implementation of the convention's principles across different jurisdictions.

Yes, the treaty exempts AI applications related to national security. However, it emphasizes respect for international standards in all other areas. The convention also establishes a follow-up mechanism, set to be signed in Vilnius, affirms its significance in IT law practices, and ensures adherence to human rights within the realm of technology.

A legally binding contract in Turkey must contain essential elements such as offer and acceptance, mutual consent, capacity to contract, and a lawful object. The offer and acceptance should be clear, definite, unambiguous, and unconditional. Both parties must possess the legal capacity to enter into a contract, and the contract's subject matter must be lawful and not conflict with public policy.

Although this field is quite niche, lawyers in our law firm ISTLEGAL practice in the law on medical devices and medical litigation.

International conventions and EU directives, along with Swiss Obligations Law, case law, and legal doctrine, influence Turkish Contract Law. The Turkish Code of Obligations aims to integrate these sources to align with modern international standards and developments in contract law. However, there may still be unique differences within the Turkish context that affect contract drafting and execution.

Civil contracts typically involve personal or private affairs between individuals. Commercial contracts pertain to business-related transactions and are often governed by the Turkish Commercial Code. Administrative contracts involve a public authority and might relate to service provision or public works. Each contract type may have its own set of rules and requirements in addition to the general principles of contract law.

Navigating the complexities of Turkish Contract Law can be challenging, especially for those unfamiliar with local legal nuances. A contract specialist lawyer can provide expert advice on contract formation, execution, and enforcement, as well as remedies for breach of contract. Moreover, a lawyer ensures that contracts adhere to current laws and address any potential legal issues, which is crucial for protecting the interests of all parties involved in a transaction.

The new regulation, effective since June 2, 2021, aims to impose responsibilities on manufacturers, importers, and distributors to establish higher standards for medical device safety, performance, and quality, and to ensure the protection of patients and healthcare professionals.

The regulation sets industry standards, mandates manufacturers to ensure the design, development, manufacturing, labeling, clinical evaluation, and post-market surveillance of medical devices, as well as to document conformity and prepare technical files.

Medical devices are classified into four risk classes: Class I (low risk), Class IIa (moderate risk), Class IIb (high risk), and Class III (very high risk), based on their potential to cause harm.

It is not comparatively difficult to file a lawsuit to the Turkish courts comparing to EU countries.

Manufacturers must design and develop safe medical devices, ensure compliant manufacturing, label and package products accurately, conduct clinical evaluations, and perform post-market surveillance. Importers must verify that products comply with legal requirements.

Penalties for non-compliance include warning letters, fines, suspension/withdrawal of certifications, and prohibition of placing the medical device on the market.

To ensure compliance with the Medical Device Regulation, receive guidance on regulatory requirements, and defend rights related to medical devices, expert advice from a lawyer knowledgeable in medical law and product liability is essential.

A lawyer can help navigate the complex regulatory landscape, solve compliance requirements, ensure medical devices meet all standards, and provide legal representation in disputes related to medical devices.

There is no obligation nor requirement to get support from a contract specialist or a lawyer while concluding an agreement in Turkey. However, getting support is recommended in terms of legal strength, transaction security and professionalism.

The Turkish Code of Obligations regulates certain type of contracts, such as sale and purchase, lease, loan, agency, partnership, insurance, and employment contracts. These contracts have their own rules and provisions that complement or depart from the general rules of contract law. Parties may also modify or exclude some of these rules by mutual agreement, unless required or prohibited by law.

Turkish contract law is considered as a part of the continental law and governed by the Turkish Code of Obligations, which is originated from the Swiss Code of Obligations. It is also affected by updated legislations in the European Union.