THINGS TO CONSIDER BEFORE SIGNING THE CONTRACT

Contracts, defined as "a transaction, agreement, covenant, or escrow that occurs through the mutual and congruent declarations of will of two or more persons or organizations with the aim of producing legal consequences," are frequently encountered in our daily lives. While contracts fundamentally aim to protect all parties to them, certain considerations overlooked during their preparation and signing can cause legal difficulties for one of the parties.

Contracts can be made in written or oral form, but oral contracts are very difficult to prove. Therefore, written contracts should always be preferred.

Contracts do not have a single writing format. In other words, the parties can create the contract text as they wish. Of course, there are exceptions to this rule. Although the contract format can be customized, its content must comply with the law. A contract cannot contain an impossible obligation. In addition, for a contract to be valid, it must not impair legal capacity, it must be in accordance with law and morality, it must contain mutually appropriate declarations of intent, and it must not be contrary to formal requirements.

The information of the parties to the contract must absolutely match the records in their national identity cards. In practice, it is common to encounter situations where someone with two names writes only one name, or where the name they use differs from the name in their national identity records. In contracts with companies, it should be ensured that the person making the contract is a representative of the company; this should be verified with the trade registry gazette and signature circular. Company stamps should also be included in contracts with companies.

It is important that contracts are signed by the parties at the same time and in the same place. It is known that parties who are not in the same city or cannot meet in person may have different practices, but it should be remembered that this situation can be exploited by malicious individuals.

Once the contract clauses are written, they should be carefully examined. Even a slight ambiguity in the clauses can lead to problems later on.

The contract must include a designated authority to which complaints can be filed in case of non-fulfillment of the terms.

Having the contract reviewed by a lawyer will eliminate most problems before they even arise.

You can contact us for detailed information and advice on this matter.