What are the General Terms and Conditions?

The Civil Code 2015, effective from January 1, 2017, stipulates the conditions for standard transactions in contract formation. This is a new aspect that the Civil Code 2005 did not address before. When forming a contract, the parties aim towards the standard transaction conditions to achieve stability, standards, and uniformity in the contract. The regulation on standard transaction conditions facilitates easier contract formation, contributing to the protection of the rights of the parties establishing the transaction.

According to the Civil Code 2015, Standard Transaction Conditions are the stable terms announced by one party to be generally applied to the party proposed to conclude the contract. If the proposed party accepts the contract conclusion, it is considered as accepting the standard transaction conditions. For the pre-drafted contents in the contract, the other party can either accept all contents or refuse to sign, but cannot alter the contents.

However, standard transaction conditions are only effective for the party establishing the transaction if those conditions have been publicly disclosed for the establishing parties to know or must know about them.

The standard transaction conditions are implemented in an open manner according to the legal provisions.

Standard transaction conditions, when established, must ensure equality between the parties. In cases where the standard transaction conditions stipulate exemption of the proposing party's liability, increase responsibility, or eliminate the legitimate benefits of the other party, such stipulations will not be effective unless otherwise agreed.

Additionally, standard transaction conditions may be jointly established by certain subjects to ensure uniformity and general effectiveness when signing contracts within a specific business sector and must comply with the aforementioned validity conditions.

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