Conditional Obligations

Payment or transfer under a contract may depend on a future event whose occurrence is uncertain. Its type and fulfilment then affect creation or termination of the claim. A fixed due date and a condition are different concepts.

Suspensive and Resolutory Conditions

Articles 170 et seq. of the Turkish Code of Obligations regulate conditions. An obligation taking effect upon an event differs from an existing relationship ending upon it. Clauses about obtaining a permit, loan approval, or a sale do not mean the same thing in every contract. The parties' purpose must be determined from the contract as a whole.

Conduct Affecting Fulfilment of the Condition

Preventing fulfilment or bringing it about contrary to good faith may matter. Protection of rights pending fulfilment and the position of transferred property must also be examined. Unlawful or immoral conditions require separate assessment. The debtor unilaterally saying the condition was not fulfilled does not conclude the file.

The Event to Be Proved

The conditional event, its date, and documentary proof must be shown clearly. Where a third-party decision is required, its scope and finality must be examined. We compare the clause, conduct, and payments to assess whether the claim arose or a refund may be relevant.

Documents That May Be Prepared for the Initial Review

• The condition clause and supplementary agreements
• The document showing fulfilment of the event
• Party notices
• Earlier performance and payment records

Submit Your Matter

File review and representation are paid services. Scope and fees are agreed in writing before work begins.