Özet:

Act No 805 on Compulsory Use of Turkish in Commercial Enterprises has a specific importance according to Turkish commercial law, due to its constraints on the use of foreign languages and regarding sanctions.In particular, the scope of the regulation and ambiguity in determining the results of the sanctions regarding law of obligations point out the controversial sides of the regulation. On this subject, “not relying upon contract articles” is a commonly accepted sanction. However, it is noted that there are differing judicial decisions considering the application of the Act. In some decisions, it is accepted that the contract drawn up in a foreign language is invalid; in countering decisions, it is accepted that parties could depend on these contracts for their claims. Besides, some courts decide that Act No 805 is inapplicable according to the grounds such as “a party is a foreign national” or “parties are merchants who are liable to act prudently”; yet, it is noted that these decisions are reversed by the Court of Cassation. In the first section of the study, it is aimed to explain the Act No. 805 and the legal consequences regarding the contracts in a foreign language. In the second section, relevant judicial decisions are examined and in the last section, the effects of the regulation in legal practice are evaluated.

Anahtar Kelimeler: