Abstract:

Turkish Code of Obligations (TBK) Article 26, under the title of "Freedom Regarding Agreements", it is stipulated that a agreement’s content can be freely arranged by its parties and within the range allowed by legal regulations. Right after this regulation; Turkish Code of Obligations (TBK) article 27/1 clearly speci- fies that if a agreement is against a person’s rights, imperative provisions of law, moral values or if the subject of the agreement is impossible/inachieveable; such agreement is definitely null and void. Turkish Code of Obligations (TBK) article 27/2 stipulates that if some of the provisions of an agreement are invalid, it do- esn’t make the rest of the articles invalid, however if it is clearly understood that without the invalid provisions the agreement cannot be made; then the whole agreement is definitely invalid. Both articles which are stipulated under the title "agreement content" (Turkish Code of Obligations article 26-27) show us that the freedom to determine the content of the agreement is accepted as a basic principle of our law and Tur- kish Code of Obligations (TBK) article 27 is the most important restriction impo- sed to this freedom.

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