DRAFTING CONTRACTS AND DISPUTE RESOLUTION
Contracts are set of rules that form the basis of many relations in daily life. This is why contracts have to be drafted, prepared and signed with diligence and utmost attention. Seeds of most of the disputes arising from contracts are sowed by not being diligent when drafting or negotiating contracts or by not clearly agreeing on some subjects mentioned or not mentioned in the contracts. That is why a legal practice called contract law was born; it requires a complete command of regulations, court precedence, doctrine and practice while also foreseeing risks and possible disputes as well as experience and understanding in legal vocabulary, strategy and contract negotiations.
ESTATE AND REAL ESTATE SALES CONTRACTS
Sales contract is the type of contract that involves the transfer of ownership of an article for a certain price. Contracts for the sale of securities are subject to freedom of form. In cases where there is no contrary provision in the law, the parties have the opportunity to prepare a sales contract without establishing any written or official transaction. As a matter of fact, heavier and more formal form requirements were stipulated for real estate sales contracts. Since these contracts are issued in the title deed and completed by direct registration process, it is not possible to determine them separately in practice. For this reason, real estate sales promises, which are pre-contracts in terms of name and content, take place as borrower transactions regarding the sale of immovables in practice. The promise to sell real estate is issued ex officio by the notary public and registered in the land registry in order to be able to make judgements against third parties. Real estate sales promises can be terminated with the will of the parties; The performance of the contract is terminated spontaneously in the event that the performance is expired and the contract is unilaterally terminated.
The lease contract includes the right of the lessor to use and enjoy the goods; on the other hand, they are the contracts under which the lessee is obliged to pay an agreed value.
As a rule, the validity of the lease agreement is not conditional. However, since these agreements create constant performance debts, their written performance is important for proof and trust. In the lease agreement; rent is subject to deliver the goods in accordance with the normal course of life and the conditions of use stipulated in the contract. However, the responsibility of the lessor in practice comes to the agenda with the most shame and seizure situations. Defect; there is an actual or legal inconvenience on all or part of the rented goods. In such cases, the lessee may claim compensation for termination of the contract and damages based on the removal of the defect, the deduction of the price or the debtor’s default in accordance with the provisions of Article 304 and subsequent provisions of the Code of Obligations. In the case of restraint; third parties are liable for any damages that may arise if they claim a right incompatible with the rights of the lessee.
The lease also imposes a number of obligations on the lessee. The first and foremost of these is the payment of the agreed rent at maturity. Secondly, the lessee is obliged to use the rented goods in accordance with the provisions of the contract and paying maximum attention. In case the rented person is a residence, workplace or similar property; living with respect to neighboring and other persons in or around the immovable property is also within the tenant’s obligation to care. Finally, the tenant is obliged to bear the costs of cleaning and maintenance of the lessee, and the elimination of defects and the prevention of damage. Since the lease contracts are legal transactions involving periodical and continuous performance, they should be prepared with legal assistance and consulted with qualified lawyers for important transactions to be made during the execution of the contracts.
It is strongly recommended to consult with a dependable lawyer in order to prevent the emergence of disputes and to settle the disputes in the law of obligations. Antalya lawyer Barış Erkan Çelebi provides legal consultancy services on drafting, negotiating, concluding lease agreements and other obligations law agreements and settling business disputes.