Signatures in Format-Based Contracts

Abstract

In the Turkish law system, based on the Swiss system, the principle of optional format is valid. Thus, the parties to a contract may declare their volition by means of which the agreement is established in the format of their choice. 1 The Article 11 of the Turkish Code of Obligations has adopted the principle of optional format in contracts by stating “[t]he properness of the contract does not depend on any format unless there is clarity in the law. If no other rules are defined about the degree, extent and effect of the format ordered by the law, a contract which is not complying with this format would not be proper”. Considering this fact, individuals may make their contract in a verbal, an informally-written or a formally-written form. However, if “there is clarity in the law,” the Article states that the validity of the contract depends upon its being made in that format. Put differently, the law may dictate that a particular type of contract should be format-based. Undoubtedly, if the law does not have any format requirements for a transaction, the parties may personally decide to make their contract in written form.