NEWSLETTER-2019-metin

214 NEWSLETTER 2019 A Snapshot of Postponed Articles Pertaining to Rent Laws under Turkish Code of Obligation No. 6098* Att. Berat Ataseven Introduction Turkish Code of Obligation numbered 6098 (“TCO”), which came into force in 2012, introduced quite a few reformist and com- prehensive provisions in all aspects of the Turkish obligation laws. Nevertheless, not all articles of the TCO entered into effect on the same date, since the effective date of nine articles pertaining to lease relationships, where the lessee is a trader and the leased area is a work- place (“Commercial Lease Relationships”), has been postponed to 1 July 2020. To this end, as of today, in view of the fact that there is less than 1 year for nine articles to fully come into force, it is convenient to reawaken the subject regarding the potential impact of these nine articles on Commercial Lease Relationships. An Introduction to the Postponed Articles The articles under the TCO, which regulate leases, are of a pro- tective nature in favor the lessees. The rationale behind this idea stems from the assumed contractual inequality between the contracting par- ties, where it is commonly suggested that the lessor has the bargaining power, giving him greater leverage while setting down the terms and conditions of a lease agreement. This being the case, the legislature aimed to protect the lessees through ex parte mandatory provisions where, in principle, the parties shall not agree to the opposite of what the TCO mandates, if it weakens the lessee’s position; whereas, they may deviate from the TCO only if the proposed clause provides better conditions to the lessee than that of the TCO. * Article of July 2019