Türkiye Adalet Akademisi Dergisi

Yazarlar: Zekeriya KURŞAT, Evren KOÇ

Konular:Hukuk

Anahtar Kelimeler:Notification law,Notification among private law persons,Freedom of contract,Evaluation of address notices in contracts,Change of address.

Özet: Notification Law shall not apply to notifications among individuals unless these notifications are made through the institutions within the scope of the Notification Law. As a matter of fact, in practice, it is seen that the parties regulate within the scope of the contract freedom in a provision in the same contract how the notifications to be made. The legal nature and consequences of such provisions regarding notification procedures that the parties include in their contracts to regulate the relations among themselves has not been comprehensively handled as an issue in the private law doctrine so far. Considering this, in our study, firstly, general determinations are given about the subject, then the legal nature of the provisions regarding the notification in the contract of the parties is determined by considering different possibilities. As a result of the evaluations made, it was concluded that the terms of the notices included in the contracts can have two different meanings. In the first possibility that the parties may only declare the settlement place, business center or residence or workplace address in the contract terms, the parties are obliged to notify the address that is actually correct and to inform the other party in case of a change of address, even if there is no explicit provision in this direction. In the second possibility, as the parties have agreed that the addresses specified in the contract’s provision are the addresses to be used for notifications, it will remain in existence and the notification made to the address in the contract will be in accordance with the contract, unless the parties change this provision of the contract.

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