Law No. 818 on Obligations
Law No. 818 on Obligations: History and Legal Significance
Law No. 818 on Obligations remained in force for many years as one of the fundamental laws regulating debt relationships in the Republic of Turkey. Enacted in 1926, this law was inspired by the Swiss Code of Obligations and came into effect on July 1, 1926. Although it was replaced by Law No. 6098, the Turkish Code of Obligations, in 2012, it left a significant legacy in the Turkish legal system.
Sources of Law No. 818 on Obligations
Law No. 818 on Obligations was adopted from the Swiss Code of Obligations, which is part of the Swiss Civil Code. This ensured that the law had a modern structure compatible with Western legal systems. Turkish jurists adapted these regulations from the Swiss legal system to the Turkish legal framework and developed them through jurisprudence.
Scope and Content of the Law
Law No. 818 on Obligations generally sets out fundamental rules governing debt relationships and the rights and obligations of parties. The law consists of two main sections:
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General Provisions: Covers the formation, performance, and termination of debts, the establishment of contracts, torts, and unjust enrichment.
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Special Debt Relationships: Includes provisions related to contracts such as sale, lease, service, mandate, suretyship, and loans.
Legal Significance of Law No. 818
This law made a significant contribution to the regulation of debt relationships in Turkey and was used as a primary reference by courts for many years. By establishing the fundamental principles of contract law, it provided a secure legal framework for commercial and personal relationships between individuals and companies.
Abolition of Law No. 818 and the Introduction of Law No. 6098
Due to changes in the Turkish legal system and the need to better respond to modern requirements, Law No. 818 was repealed on July 1, 2012, and replaced by Law No. 6098, the Turkish Code of Obligations. The new law includes contemporary legal regulations and contains provisions more suited to social and economic changes. Significant amendments were made, particularly in areas such as consumer protection, employer-employee relations, and lease agreements.
Conclusion
Law No. 818 on Obligations played a crucial role in the Turkish legal system, regulating debt relationships for 86 years and leading to numerous legal developments. Although it was repealed with the enactment of Law No. 6098, it left a historically and legally significant legacy. The changes introduced with the new law aimed to establish a more modern legal framework that aligns with social needs. Therefore, studying Law No. 818 is essential for understanding the evolution of Turkish contract law
