Formation of a Contract

A contractual dispute first requires identification of the circumstances in which an agreement was formed. Making an offer, negotiating, or sending money does not have the same consequence in every case. Matching declarations, essential terms, and any statutory form must be examined together.

The Content of Offer and Acceptance

Articles 1 et seq. of the Turkish Code of Obligations regulate formation through reciprocal and matching declarations. The subject agreed, price or determination method, and performance scope matter. Late or modified acceptance may have different consequences. The final draft and whether an authorised person accepted it must be checked.

Silence and Conduct

Silence is not always acceptance. The transaction's nature, existing commercial relationship, and statutory exceptions may change the assessment. Conduct such as using delivered goods or starting services must be read within the whole event. Electronic approvals must also be assessed according to transaction type and form requirements.

Documents from the Negotiation Stage

The offer date, expiry, order, confirmation, and later terms must be placed chronologically. Differences between information given in negotiations and the final contract must be shown. We examine through documents when each obligation arose, representative authority, and terms allegedly excluded from agreement.

Documents That May Be Prepared for the Initial Review

• Offer and order records
• Acceptance or confirmation correspondence
• The final text and drafts
• Delivery and commencement-of-work records

Submit Your Matter

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