Global FinTech Guide
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Signature requirements
The signature requirements pertain the legal or contractual requirements in order to make a legally effective declaration of intent or a legally binding contract.

Possibility to replace a specific formal requirement of making a binding declaration of intention

Contracts have no form requirement unless explicitly prescribed as per provision of law. Digital contracts can be regarded as valid contracts as long as they carry out the essential elements of a contract, which is the mutual and aligned expression of will. For certain agreements, however, a written or formal form is required, such as sale of immovable property, consumer loan agreements etc. For the fulfilment of written form, the contract must be signed by hand or through secured e-signature, while fulfilment of formal form requires the contract to be executed before a competent public body.
On the other hand, the contracts exceeding a certain value (TRY 6,640, for 2022), must be proved by deed to assert any rights before a court. Although “deed” is not defined under the Law on Civil Procedure (“LCP”), it is accepted that a deed is a written document that is signed to constitute evidence towards the signee. “Document” is defined under the LCP as “data such as written or printed text, promissory notes, drawings, plans, sketches, photographs, films, images or sound recordings, data in electronic media and similar information carriers that are suitable for proving the facts of dispute” and documents are accepted as prima facie evidence. Prima facie evidence are not sufficient to fulfil the requirement of proof by deed; however, in the presence of a prima facie evidence, proof by witness is allowed.

Presence of any specific formal requirements to effectively conclude a loan agreement

Consumer loan agreements must be in writing. Due to the rule of proof by deed, commercial loan agreements are also concluded in written form.

Process of conclusion of a contract by using a qualified electronic signature in practice

Secured e-signature, a special kind of e-signature specifications and requirements of which are defined under Turkish law, has the power of a written signature.

Legal consequences to a contract in case of not fulfilling formal requirements

Unless otherwise is specifically regulated under laws, failure to conclude the contract in the due form results in the invalidity of the contract.

Usual practice of signing contractual agreements in the B2B sector

B2B contracts are usually signed by hand due to avoid the risk arising from the rule of proof by deed.

Usual practice of signing contractual agreements in the B2C sector

B2C contracts are usually executed remotely or orally. As per the Law on Consumer Protection no. 6502, sales by instalments, consumer loans, subscription agreements, house financing and any agreements made outside the workplace of the seller must be concluded in written form.



© 2022, Moroglu Arseven. All rights reserved by Moroglu Arseven as author and the owner of the copyright in this chapter. Moroglu Arseven has granted to Multilaw non-exclusive worldwide license to use and include this chapter in this guide and to sublicense Lexis Nexis, a division of RELX Inc. and its affiliates certain rights to use and distribute this guide.

The information in this guide provides a general overview at the time of publication and is not intended to be a comprehensive review of all legal developments nor should it be taken as opinion or legal advice on the matters covered. It is for general information purposes only and readers should take legal advice from a Multilaw member firm.


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