NEWSLETTER-2019-metin

209 LAW OF OBLIGATIONS the contracts for work to be concluded by Turkish residents amongst themselves between the dates of 6 October 2018 and 16 November 2018, and which include costs in foreign currencies, are not within the scope of the exemption and other contracts, in other words, the ones concluded before 6 October 2018 and after 16 November 2018 are exempted. The regulators of the Communiqués concluded that some of the regulations they made in the first Communiqué were inaccurate and rectified this in short order. Firstly, from this point of view, the demand of the job holder that the amended contract prices shall continue in the Turkish currency may be subject to the prohibition of abuse of right. Furthermore, the contractor may cancel a contract that foresees an amendment to the contract in accordance with the provisions of error. In other words, the contractor may assert the argument of “I have accepted the amendment to the contract on the grounds that the contract must be in Turkish currency in error. If I knew that this ob- ligation would not continue, I would not have accepted it.” Although this thought can be criticized for the fact that the error is related to the facts at the time the contract is made; however, the obligation in the example is eliminated after the date of the amendment of the contract, and that in both the doctrine and the decisions of the Federal Court and the Court of Cassation, it is accepted that errors may be tolerated in future cases. Conclusion In our opinion, the said obligations in the contracts in which the payment obligations are converted to Turkish currency in accordance with the first Communiqué between the date of entry into force of Communiqué No. 2018-32/51, and the entry into force of Communi- qué No. 2018-32/52, must be able to continue in a foreign currency.