Unlawful termination of contract under the Turkish Code of Obligations

In this study, legal consequences arising out of exercise of a non-existent unilateral right to terminate contract have been examined within the scope of the Turkish Code of Obligations. As a legal notion, the term "unlawful termination" has been defined, in the first of part of the study. In this context, the declaration of intent which constitutes "unlawful termination" has been analysed with regards to legal acts and transactions. Taking into consideration of the distinction between continuous and momentary contracts, the second and third parts of the study have dealt with the consequences of such void declaration of intent. In the second part of the study, the aforementioned distinction has been examined and such declaration of intent has been specified among various types of breach of contract. Likewise, legal provision to be applied in case of unlawful withdrawal from contract within the scope of momentary contracts. Being devoted to continuous contracts, in the third part of the study, specific consequences of such breach, especially the effect of the void termination declaration on the contract, have been explained. Keywords: Contract, Unlawful Withdrawal, Unlawful Termination, Breach of Contract, Anticipatory Repudiation