WHAT IS THE FREEDOM OF CONTRACT?

1. What is Freedom of Contract ?

We can define the freedom of contract as the freedom that people have in order to make the contract they want valid.The general principle in Turkish Law is the principle of freedom of contract. Because, both in Article 26 of the Turkish Code of Obligations, “The parties can freely determine the content of a contract within the limits provided for in the law.” its provision, as well as Article 48 of the Constitution. in the article “Everyone has the freedom to work and contract in any field he wishes. the provision in the form ” indicates the principle of freedom of contract. When we look at the justification of the Constitution, we see that freedom of contract can only be limited by the public interest.

2. What are the Forms of Appearance of Freedom of Contract?

2.1. Freedom of Contract and Non-Contract:
As a rule, no one is obliged, against his will, to enter into a contractual relationship. No one can be forced to make a proposal for the establishment of a contract, nor is he obliged to accept a proposal addressed to him.

2.2. Freedom to Terminate the Contract:
Persons who have signed a contract between themselves can completely eliminate this contract that they have created, as well as have the dec to eliminate part of the contract.

2.3. Freedom to Determine the Content of the Contract
The parties to the contract have the freedom to create the content of the contract as they wish.

2.4. Freedom to Determine the Type of Contract:
In areas such as Family Law and Property Law, the numbers and types of contracts are determined. In other words, the limited number principle applies in these areas. However, the principle of type freedom prevails in the field of Law of Obligations, and people can determine the type of contract at will.

3. Restriction of Freedom of Contract
   The parties are free to make any contract they wish, but this freedom is not unlimited and may be restricted in some cases. Because in Article 27 of the Turkish Code of Obligations: “Contracts that are contrary to the mandatory provisions of the law, morality, public order, personal rights or are impossible to subject are absolutely void. The invalidity of some of the provisions contained in the Contract does not affect the validity of others. However, if it is clearly understood that the contract will not be concluded without these provisions, the entire contract will be definitively void.” the form indicates the limits of freedom of contract. The concept of “decisiveness” in the words of the Law means that the contract concluded between the parties does not make any sense and is legally invalid.