"THE NATURE OF THE MATTER" IN THE LAW OF OBLIGATIONS

Article 2 of the Turkish Code of Obligations (TBK) contains important regulations regarding how the principle of good faith and the nature of the matter should be considered in legal transactions and relationships. This article establishes fundamental principles to ensure justice in the establishment and application of legal relationships. Issues such as how secondary points should be addressed and the role of the judge when the parties have reached an agreement on the essential points of a contract are also covered by this article. This article will examine the legal meaning and scope of application of the phrases "the nature of the matter" and "unless otherwise understood from the legal relationship and the nature of the matter" in Article 2 of the TBK.

Article 2 of the Turkish Code of Obligations and the Concept of "Nature of the Case":
Article 2 of the Turkish Code of Obligations is based on the principle of good faith and the nature of the case in the establishment and interpretation of legal relationships. According to the text of the article, if the parties have agreed on essential points, the contract is deemed to have been concluded even if secondary points have not been addressed. However, if disagreement arises on these secondary points, the judge will resolve the dispute by considering the nature of the case. This provision states that in legal relationships, it is sufficient for the parties to agree on essential matters, and that details can be resolved by the judge if necessary.
The concept of "nature of the case" refers to the specific circumstances inherent in each legal relationship. These specific circumstances are taken into account to eliminate uncertainties that may arise during the execution of the contract. For example, in a real estate sales contract, elements such as the nature, location, and intended use of the real estate determine the nature of the case. These elements play an important role in resolving secondary disputes that may arise between the parties. The judge's decision, taking into account the nature of the case, ensures that legal transactions are carried out in accordance with the requirements of the specific case. This situation contributes to the flexibility of legal relationships and the achievement of justice. The nature of the process is based on an objective assessment, independent of the parties' intentions, and helps the judge find the solution required by the specific case.

Article 2 of the Turkish Code of Obligations and the phrase "Unless otherwise agreed by the legal relationship and the nature of the matter"
states that, while reserving the provisions regarding the form of contracts, the judge shall make a decision taking into account the nature of the matter. This phrase indicates that, in legal relationships, it is generally sufficient for the parties to have agreed on essential points, and that a solution will be sought for secondary issues according to the nature of the matter.

1. Unless Otherwise Agreed in the Legal Relationship: If a contract or legal relationship between the parties stipulates a specific situation, then the opposite is understood in the legal relationship. For example, if a lease agreement explicitly states the method or timing of rent payment, then these specific provisions of the contract prevail, deviating from general rules.

2. Unless Otherwise Agreed by the Nature of the Work: The nature of the work refers to the specific circumstances that must be considered during the execution of the contract. For example, in the sale of an agricultural product, the seasonal characteristics of the product are taken into account in determining the time and place of performance. In this case, the nature of the work is the fact that agricultural products must be harvested during a specific period, and this fact can be decisive in resolving disputes between the parties. Article 2 of the Turkish Code of Obligations grants the judge the authority to make a decision by considering the nature of the work when disagreements arise between the parties on secondary issues. This authority allows the judge to find a fair solution appropriate to the requirements of the specific case. This authority of the judge contributes to the dynamic nature of legal relationships and allows for the resolution of disputes between the parties according to the nature of the work. For example, in a construction contract, the nature of the work includes elements such as the completion time of the construction, the quality of the materials to be used, and the location where the work will be carried out. The judge evaluates the disputes between the parties in accordance with these elements and makes a fair decision.
In conclusion
, Article 2 of the Turkish Code of Obligations is an important regulation that stipulates that legal relationships should be evaluated within the framework of the principle of good faith and according to the nature of the work. This provision grants the judge the authority to consider the specifics of the case in order to fairly resolve disputes between the parties. When agreement is reached on the essential points of a contract, the judge's ability to decide on secondary issues based on the specifics of the case allows for the flexible and fair conduct of legal relations. This contributes to preserving the dynamic nature of the law and regulating relations between the parties fairly.

Intern Law Faculty Student

Mert Emir Balci