Obligations Subject to Suspensive and Resolutory Conditions

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

A condition links a transaction's effects or termination to an uncertain future event. Article 170 of the Turkish Code of Obligations regulates suspensive conditions; Article 173 regulates resolutory ones. A condition differs from a term awaiting a time certain to arrive.

Unless agreed otherwise, a suspensively conditional contract takes effect when the condition is fulfilled. During the waiting period, the debtor must avoid conduct preventing future performance. Protective measures for an endangered conditional right are assessed separately from the absence of a complete performance claim.

A resolutory contract takes effect initially and ends upon fulfilment. Subject to statutory or contractual differences, termination is not retroactive. The condition's type therefore affects earlier performances and benefits obtained.

Article 175 of the Turkish Code of Obligations attaches special consequences to frustrating or bringing about a condition contrary to good faith. Conditions intended to procure unlawful or immoral conduct are assessed under Article 176. Review must consider not merely the words but the event and legal result connected to them.

Legal Basis: Turkish Code of Obligations No. 6098, Articles 170–176. Official legislative text.

This article has been prepared for general legal information purposes.