Abstract:

Termination of the lease contract within the scope of the general provisions concerning to lease of the Turkish Code of Obligations (TCO) 6098; has been regulated as termination of the tenancy in certain lease contracts (TCO a.327), notice of termination in uncertain lease contracts (TCO a.328-330) and extraordinary termination (TCO a.331-333). The reasons for the extraordinary termination are stated in three chapters as significant reasons (TCO a.331), bankruptcy of the tenant (TCO a.332), and the tenant's death (TCO a.333). There are three other cases that allow for the end of the lease contract under the general provisions of lease. First of these is the termination of the contract by the lessor due to the tenant’s violation of the careful use of the leased and obligation of respecting to the neighbors (TCO a.316), the second is the termination of the contract due to the default of the tenant (TCO a.315), and the third is the termination of the contract by the tenant due to the significant faults (TCO a.305/II). In this study, the provision of Article 313 of the TCO concerning the termination of the lease contract for significant reasons was dealt with by assessing the relationship with other reasons for termination. The Swiss Law and Court of Cassation practice has also been tried to be transmitted as much as possible.

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