Formation of contract in Turkish and Iraq law

The contract, which is among the debt sources, is generally a legal transaction that enables the establishment of a contractual relationship between the parties. In this study, the issue of contract establishment in Turkish Law and Iraqi Law is discussed. There are provisions regarding the establishment of the contract in the Turkish Civil Code and the Turkish Code of Obligations, which take their main source from Swiss law. Article of the Turkish Code of Obligations. Provisions 1-11 regulate the establishment of the contract. In the Iraqi Civil Code, provisions regarding contracts are regulated between Articles 73 and 185. In Iraqi Law, which takes its source from the Egyptian and French legal systems and the general rules of Islamic Law, it is possible to establish a contract within the limits set by the Iraqi Civil Code, even though there is no independent Code of Obligations. According to the provisions of the Turkish Code of Obligations and the Iraqi Civil Code, the establishment of the contract is realized by declaration of will. The contract is essentially established by the parties' mutual declarations of intent, which are described as mutually compatible proposals and acceptances. In terms of general provisions, some special provisions are included in Turkish law, apart from Iraqi law, regarding the proposal. In Iraqi law, in terms of contractual capacity, the parties must be of legal age, have the power of discernment and not be under confiscation. When one or both of the parties do not have the capacity to contract, the contract becomes void. In Turkish law, there is no specific provision regarding the capacity of the parties in the general provisions. However, it is stated in the doctrine that the person assuming the debt must have actual capacity, and the creditor must have the authority to dispose of the receivable in addition to his actual capacity. As a result, it has been determined that there are important similarities in the general provisions in Turkish and Iraqi law in terms of the establishment of the contract, but there are differences in some issues.