A preliminary contract is a contract that obliges one or both parties to enter into the original contract. For example, the promise to sell real estate is a preliminary contract. This contract creates the obligation to make a contract of sale of immovable in the future. It is regulated in Article 29 of the Turkish Code of Obligations. According to this article;
“Contracts for the future establishment of a contract are valid.
Except for the exceptions stipulated in the laws, the validity of the preliminary contract depends on the form of the contract to be established in the future.
depends”
In order for a preliminary contract to be mentioned, the future contract must be a debiting transaction.
The preliminary contract imposes an obligation on the parties to conclude the main contract in the future. Therefore, the parties determined in the preliminary contract must make a declaration of intent to conclude the main contract. When the parties refrain from fulfilling the obligation to conclude the main contract arising from the preliminary contract, that is, when the declaration of will regarding the conclusion of the main contract is avoided, the judgment of the judge replaces the declaration of intent of the party who refrains from making the main contract.
