Notarization of contracts in Turkey

 

Documenting contracts in Turkey is important due to the preservation and maintenance of rights, and a contract is an agreement concluded between two or more parties, each of which preserves its right and obliges them to carry out mutual promises, in accordance with the terms established by the agreed-upon law. Examples of such contracts that must be documented are marriage contracts, buying and selling Partnership, agency, and other contracts

Notarization of contracts in Turkey

It is the process of organizing and ratifying documents and contracts, with the aim of guaranteeing the rights of individuals, and avoiding the occurrence of any disputes between them.

Types of contracts in Turkey

Contract documentation in Turkey depends on the type of contract, as there are several types of contracts that must be known:

  • Civil contracts: This type of contract is concerned with civil matters such as a will or donation, which need to be authenticated to ensure its implementation.
  • Commercial contracts: It is concerned with documenting commercial matters related to buying and selling, or real estate, bank business, and other matters related to trade.
  • Finally, the administrative contracts: These contracts regulate the administrative work, and this contract includes special conditions that are not available in the rest of the contracts.

What is the legal form of contracts?

Any contract contains a legal formula in which the contract is written, and it must be done by experts who are familiar with the subject matter of the contract. , without prejudice to the right of the other, and one of the conditions of the writer of the formula is that he is familiar with the legal terms that indicate the desire of the contracting parties, in addition to being fully aware of the pillars and conditions of the contract, and the provisions of the penal conditions, thus avoiding any future issues that occur between the parties to the contract.

Attestation of certificates from the Turkish embassy

The ratification or authentication of contracts in Turkey is intended to put a stamp on the document to be ratified, such as educational certificates by the competent authority, or what is on its behalf, which is a recognition by this authority of its validity, and one of the most prominent of these authorities is the Turkish Embassy, ​​after completing the stamping of all papers from Your country's embassy.

Notary Public in Turkey

Contracts in Turkey are documented by a notary public, known to many as the Noter, the person responsible for organizing and documenting contracts, to guarantee rights and prevent their access to the courts.

The importance of the nut and its role in documenting contracts in Turkey

The role of the Noter is not limited to documenting contracts in Turkey only, but it also translates the official papers of foreigners, in addition to certifying them, especially official documents and certificates, and the notarization of these documents is taken as an approval and confirmation of their validity, and they are recognized by all government departments in Turkey.

Noter offices in Istanbul

No district of Turkish cities is devoid of the presence of the Noter office, at least there is a Noter for each region, and each office has its own number, while there are more than one office in crowded neighborhoods and large cities such as the capital, Istanbul

In the case of documenting contracts in Turkey, the notary charges a fee for that, but what is the value of those fees? The truth is that each document or contract has different fees for its documentation according to its type, and depends on the number of words contained in the contract. Therefore, the notary must be asked about the contract fees before documenting it, and these are some approximate fees according to the number of pages charged by the notary:

  • A document consisting of one page, ranging between 40-60 liras.
  • Two pages, fees range between 65-75 pounds.
  • Translated certificates ranging from 90-110 pounds.
  • A car dealership, from 50-120 liras.
  • Accounting agency, between 120-150 pounds.

Documents that require notarization with the Notre in Turkey

There are many documents and contracts that are certified by the notary or the notary in Turkey, and the most important of these documents are:

  • passport.
  • Marriage contracts.
  • Driving certificates.
  • personal identification.
  • Lease contracts.
  • Academic certificates issued outside Turkey.
  • Partnership contracts.
  • Sale and purchase contracts.
  • Public and private agency contracts.
  • Invitation requests for foreigners residing outside Turkey.
  • Documents written in any language other than Turkish, must first be translated and certified by Notre.

What is the language used in documenting contracts in Turkey?

There is no doubt that in order for contracts to be documented in Turkey, they must be written in the Turkish language only, and this is a prerequisite for recognizing the reliability of the contract, also in accordance with Turkish Law No. 805 of 1926 AD, according to which all companies are obligated to conclude their contracts in all their transactions and records in the official language of the country, But what happens if the contract is not written in Turkish,

  • First: No contract drawn up in any language other than the Turkish language will be considered within the Turkish courts, which leads to the loss of the rights of both parties, especially companies that conclude contracts with large sums.
  • Second: A fine is imposed on the contractors, starting from 20-100 pounds per day, bearing in mind that the maximum fine is up to 100 days, and this fine is determined by the competent authorities, according to the financial and social situation of the contracting parties.

Who are the categories excluded from writing contracts in Turkish?

Yes, there are some entities that are excluded from writing contracts in the Turkish language, namely:

  • Contracts concluded by Turkish companies, but outside Turkish territory, are excluded from drafting contracts in the Turkish language, according to the law issued in 2018.

Electronic contracts in Turkey

In light of the technological progress witnessed by all sectors, there are electronic contracts, that is, the conclusion of agreements remotely, which are recognized by law and mandatory, and depend on the electronic signature, which is adopted in all official departments. The Turkish government also provides the service of attesting official papers through The Internet, by e-Apostle and submitting a request for certification through the official website. This service is not limited to residents only, but also extends to foreigners residing in Turkey, in addition to Syrians registered under temporary protection.

Terms of termination of the contract in Turkey

There are many reasons for the termination of any contract between two parties, either due to the expiry of the contract term, and this is what happens in real estate lease contracts, or any of the contracting parties’ breach of the terms or provisions of the contract, such as the existence of a defect in the rental property, or the tenant’s failure to pay the rent on the agreed date Accordingly, any aggrieved party has the right to terminate the contract, and this is done by filing a lawsuit within a court, but are there conditions for rescinding any contract?

  • The existence of a contract that binds the two parties to the dispute.
  • Failure of one of the parties to the contract to implement the terms it is obligated to.
  • The commitment of the other party to its obligations stipulated in the contract.

Terms of the lease contract in Turkey

There are many Arabs, especially Syrians residing in Turkey, and therefore it was necessary to have clear conditions for lease contracts, whether for real estate or shops, and these clauses guarantee the rights of both the owner and the tenant, and the most important of these items are:

  • The necessity of including personal data for both parties to the contract, namely the owner and the tenant, especially personal identification numbers.
  • The rent amount, which is the value agreed upon by both parties, and the determination of its maturity, whether on a monthly or annual basis, in addition to determining the method of payment.
  • Financial dues, in the event of any financial dues on the property to be rented, the owner is obligated to pay them before the date of the start of the rent.
  • Annual increase, the annual rent increase must be agreed upon in advance.
  • The term of the lease contract, as well as the necessity of clarifying the term of the lease contract, and specifying the beginning of this period since the tenant received the unit.
  • Security amount and conditions, the tenant pays a physical amount in the form of insurance that will be deducted in the event of any damage to the property, and this insurance is estimated at the value of one month of rent.
  • Finally, the signature: After the contracting parties agree to the terms of the contract, both of them must sign the lease contract, in order for it to be legally documented.

 

Documenting contracts in Turkey is a legal procedure through which the rights of the contracting parties, whether two or more persons, are preserved, through the notary known as the notary, and this service is available to residents in Turkey, whether for their children or foreigners.

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