Form and Validity in Contracts

Legal Article · 12 November 2026
Av. Thomas Andreas Di Constantinople

Under Article 12 of the Turkish Code of Obligations, contracts require no particular form unless the law provides otherwise. Where statute requires a form, it is generally a condition of validity. Freedom of form therefore cannot mean that every contract can validly be made through any communication method.

Statutory written form requires signatures of those undertaking obligations. Articles 14 and 15 of the Turkish Code of Obligations regulate substitutes for written form and principles governing signatures. Subject to statutory exceptions, a secure electronic signature produces the effects of a handwritten one. An ordinary email or message does not qualify as securely electronically signed merely because it is electronic.

Amending a form-bound contract generally requires the same form. Supplementary ancillary provisions not contradicting the text may, however, be assessed differently under Article 13 of the Turkish Code of Obligations. Whether a change concerns principal performance or a subsidiary arrangement must be examined specifically.

The parties may agree a particular form even where statute requires none. Under Article 17 of the Turkish Code of Obligations, that agreement may also be binding. Form for validity and proof by instrument in court are nevertheless distinct: a valid contract may still face special evidentiary restrictions.

Legal Basis: Turkish Code of Obligations No. 6098, Articles 12–17. Official legislative text.

This article has been prepared for general legal information purposes.