Turkish parties finally agree on commercial, obligations codes

Political parties have finally agreed to pass the new Turkish Commercial Code, drafted within the scope of EU harmonization.

Turkish parties finally agree on commercial, obligations codes

World Bulletin / News Desk

Political parties have finally agreed to pass the new Turkish Commercial Code (TTK), drafted within the scope of EU harmonization and consisting of 1,535 articles, and the Code of Obligations, comprising 649 articles, in January.

Parliamentary group deputy chairmen of the ruling Justice and Development Party (AK Party), the main opposition Republican People's Party (CHP) and the Nationalist Movement Party (MHP) have agreed to pass the TTK, the Code of Obligations, bills related to the implementation of these codes and the Code on Civil Procedure, for which the business world has long been waiting, in January. The pro-Kurdish Peace and Democracy Party (BDP) has also announced that it would lend support to the bills.

The TTK bill, which was introduced in 2005 by the government but could not be passed due to reluctance on the part of other parties, aims to amend the current Commercial Code in light of globalization and improved high-tech methods of conducting commerce. The changes are also aimed at harmonizing with EU legislation.

According to the bill every company will be obliged to have a website, and those who fail to set up their websites within three months of the bill's passage in Parliament will be fined.

The TTK bill also contains provisions for demanding compensation from physicians, lawyers, executives and companies producing addictive products. Under the new TTK, adopted at the parliamentary Justice Commission, physicians committing malpractice, lawyers poorly defending their clients and company executives engaging in poor management may face lawsuits seeking compensation for professional negligence.

On the Code of Obligations

According to the bill that changes the national code of obligations, the owner of a property that has been rented to someone will bear the additional maintenance costs of the building. These include roof repair and exterior thermal sheathing, insulation and painting of the property. If the property owner refuses to fix the problems, the tenant has the right to have third parties fix the problems and deduct the costs from the rent; if the problem is too time-consuming, the tenant can cancel the contract.

The draft also includes some changes regarding neighbors' rights. The tenant should show the required respect to neighbors, and if this is not the case, the property owner will warn the tenant, who will be given 30 days to remedy the situation. But if the tenant's behavior continues to disturb the neighbors, the property owner has the right to cancel the rental contract. Moreover, if warnings about not barbequing on the balcony, listening to loud music and making noise are ignored, the owner can also cancel the contract.

Other important changes regarding owner-tenant rights are the following: The tenant is obligated to pay the cleaning and maintenance expenditures of the property. The tenant must leave a property in the same condition as when it was rented. The deposit paid by the tenant to the owner cannot exceed the total amount of three months' rent. Yearly rent increases cannot exceed the producer price index (PPI) rate and can be used only for rental contracts longer than one year. If the rental amount is paid in a foreign currency, the owner cannot increase the monthly rent for five years.

Last Mod: 20 Aralık 2010, 17:14
Add Comment