Contract
A contract is a promise between two or more persons involving the
exchange of some good or service. Some of the basic elements of a contract
include: an offer and an acceptance; "capacity," or being of legal age and sound
competence; "mutual assent," or agreement on the terms of a contract; and
"consideration," or compensation for goods or services rendered.
The element that distinguishes a contract from an informal agreements is
that it is legally binding:the law provides a remedy in the event that the promise
is not fulfilled. Bylaw, certain types of contracts must be in writing, but oral
contracts are valid in many situations. An oral contract may be held to exist even
in the absence of agreement as to all its terms.
Contract provides the same meaning of Turkey and America .so it does
not matter whereever you are. There is no differences between two law systems
about contract.
Turkish contract Law
Due to the fact that the Turkish Code of Obligations has been adopted
from the Swiss Code of Obligations, it is useful to analyze the Swiss legal
literature and the court precedents on this subject. The Turkish Supreme Court
of Appeals also refers to the Swiss legal literature and case law in a number of
its decisions
Under Swiss law, the “two-stage theory” (Zweistufentheorie) applies to
determine the legal regime which would apply to the private law contract
executed for the performance of some services of the administration by private
law persons.
The first stage takes place before the execution of the relevant contract
with the private law entity. This stag ...