Standard terms (general terms and conditions)

Under Turkish law, standard terms are clauses that one party drafts unilaterally in advance for use in numerous similar contracts and presents to the other party without negotiation. Bank loan agreements, insurance policies and subscription contracts are typical examples.

To protect the weaker party, the Code of Obligations provides a three-stage control. Terms of which the other party was not made aware, or could not reasonably review, are deemed unwritten. Ambiguous clauses are interpreted against the drafter. Clauses that upset the contractual balance contrary to good faith are invalid.

Notably, this control applies not only to consumer contracts but also to agreements between merchants, which makes the Turkish regime broader than many of its European counterparts.