Contract preparation
The capacity of the parties, the subject matter, performance conditions, duration and termination provisions are considered together. Any formal requirements are examined according to the type of contract.
Practice areas
Contract law
A contract sets out the obligations each party undertakes and the conditions under which they are to be performed. The text as a whole, the purpose of the relationship and the intention of the parties are assessed together.
Göçüm Hukuk handles advice and representation in contract law within this framework.
Scope of review
Review of terms
The interplay between payment, delivery, liability, security and termination provisions is assessed. Standard terms and mandatory provisions are also taken into account.
Contractual disputes
Claims arising from non-performance, delay, defective performance and termination are examined on the basis of the contract, correspondence and other documents.
Work undertaken in this area
- Drafting sales, services, works (construction), lease, dealership, confidentiality and cooperation agreements
- Reviewing drafts received from the other party and advising during negotiations
- Preparing and serving formal notices
- Preparing claims and defences in disputes about defective performance, default and penalty clauses
- Termination, rescission and adaptation of contracts
- Mediation, litigation and enforcement proceedings for contractual receivables
Stages of work
Reviewing the text and the relationship
The contract, its annexes, correspondence and documents on performance are read together.
Identifying risks
The parties’ obligations, open points and likely areas of dispute are set out.
Draft or claim
A new text or proposed amendments are prepared; in a dispute, formal notice and settlement options are considered.
Proceedings
Mediation, litigation or enforcement proceedings are conducted where necessary.
Relevant documents
Principal documents that may be examined, depending on the matter:
- The contract and any annexes
- Offers, orders and delivery documents
- Payment records and related correspondence
- Any formal notices and notifications
This list is not exhaustive; other information and documents may be needed depending on the circumstances.
Legal framework
Not every contract can be concluded or terminated under the same conditions. Provisions specific to the type of contract are examined separately.
Principal legislation: Turkish Code of Obligations No. 6098 (in Turkish). Other relevant legislation and current case law are also taken into account.
Working framework
Every matter,
on its own terms.
Legal assessment takes the specific facts, the relevant documents and the regulations in force into account together.
How we work