Turkish Code of Obligations Article 442

TBK Article 442

Article 442 of our Turkish Code of Obligations is as follows:

General Service Agreement - Termination of the contract - Consequences of the termination of the contract - Due debts

Madde 442 - With the termination of the contract, all debts arising from the contract become due.

In the legal relations established through the worker, the moment of exemption is six months if the debt undertaken by the third person is to be fully or partially executed after the termination of the service contract; one year in relationships involving periodic acts; In insurance contracts or jobs with a performance spanning over six months, up to two years may be postponed by a written agreement.

In cases where it is foreseen to give a share from the produced, as soon as the product share is determined, in cases where it is decided to give a share from the turnover or profit, the share shall be due at the latest three months following the accounting period.

Hood

The title of the section to which Article 442 of the TBK belongs is as follows: PART TWO: Special Debt Relations - CHAPTER SIX: Service Contracts - SECTION ONE: General Service Agreement

The item title is as follows: General Service Agreement - Termination of the contract - Consequences of the termination of the contract - Due debts

Reason

The justification of Article 442 of the Turkish Code of Obligations is as follows:

Not included in the Code of Obligations No. 818, “VI. Consequences of termination of the contract / 1. Payables are due” is a new article titled.

In Article 441 of the Draft Bill, which consists of three paragraphs, it is regulated that the debts arising from the terminated service contract are due.

In the first paragraph of the article, it is stated that the termination of the service contract will make all debts arising from that contract due.

In the second paragraph of the article, it is accepted that due to the termination of service contracts with special features, the time of maturity of the debts arising from the contract can be extended with a written agreement. Accordingly, if the debt undertaken by the third party in the legal relations established through the mediation of the worker is to be fully or partially fulfilled after the termination of the service contract, the time of maturity shall be up to six months; a year in relationships involving periodic acts; In the case of insurance contracts or works whose performance is spread over a period of more than six months, it may be delayed for up to two years. Pursuant to this paragraph, in legal relations established through the worker, the due date of the remuneration due to the worker due to the performance performed after the end of the service contract can be postponed for a maximum of two years with a written agreement, thus preventing the statute of limitations against the statute of limitations and protecting the worker. will be.

In the last paragraph of the article, the regulation in the third paragraph of Article 405 of the Draft Bill has been taken exactly. Thus, in cases where it is foreseen to give a share from the produce in addition to the original wage, at the time the product share is determined, and in cases where it is decided to give a share from the turnover or profit, it is accepted that the share will be determined and payable within three months at the latest following the accounting period.

In arranging the article, article 339 of the Swiss Code of Obligations was taken into consideration.

JUSTICE COMMISSION REPORT

- Articles 438, 439, 440, 441 and 442 of the draft have been accepted as the same as the articles 439, 440, 441, 442 and 443 due to the consensus.

TBMM Acceptance Text

I present article 442 to your votes: Those who accept… Those who do not… It has been accepted.

About the Author: Lawyer Saim İncekaş

Saim İncekaş is a lawyer registered with Adana Bar Association. He has been working at İncekaş Law Firm, which he founded, based in Adana, since 2016. After completing his law education with a master's degree, he carried out many different studies in this field. He is an expert in areas such as family law, divorce, custody cases, children's rights, criminal cases, commercial disputes, real estate, inheritance and labor law. Saim İncekaş is actively involved not only in the Adana Bar Association, but also in associations and organizations such as the European Lawyers Association, the Union of Turkish Bar Associations and Access to the Right to a Fair Trial. In this way, it takes part in many studies aimed at increasing awareness of the universality of law and confidence in the legal system. Contact Us Now via WhatsApp for an Appointment and Preliminary Meeting

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