NEWSLETTER-2020-metin

A New Era in Lease Agreements* Att. Sevgi Ünsal Özden Introduction Turkish Code of Obligations No. 6098 (“TCO”), which introduced comprehensive provisions with regard to the Turkish obligations law, entered into force on July 1, 2020. Within the scope of Provisional Ar- ticle 2 added to Law No. 6217 on the Amendment of Certain Laws for the Acceleration of Judicial Services that came into effect immediately after the TCO, it was regulated that certain provisions related to work- place rents, in which the lessee is a person deemed to be a merchant under Turkish Commercial Code No. 6102 (“TCC”) or private and public entities, shall not apply for a period of 8 years. Since the 8-year suspension period expires as of July 1, 2020, nine postponed Articles shall apply as of this date. In this Newsletter, the provisions of the TCO, which came into force as of July 1, 2020, are reviewed, and their effects on the lease agreements are addressed. General Provisions The provisions of the TCO regarding the lease agreement are included under the fourth part, and this part is comprised of three sec- tions. The “first section” is titled “General Provisions”, and since the regulations in this section are of a general nature, they are applicable to any type of lease agreement under the TCO 1 . However, if there is a special provision in the provisions under the second or third sec- tions regarding the concrete case, the general provisions will not be considered. The legal regulations set forth under the title of “General Provisions”, which shall apply as of July, 2020, are as follows: * Article of June, 2020 1 Yavuz, Cevdet ; Law of Obligations Courses (Special Provisions), İstanbul, 2012, 10th ed., p. 179.