Application of the provisions of mandate contract to the software maintenance contract

A software maintenance contract is an innominate contract that is not regulated by law. While the software developer is responsible for error correction, support, updates, and developments, the other party to the contract, the customer, is only obliged to pay a fee. This contract falls within the scope of Article 502/II of the Turkish Civil Code and is subject to provisions of mandate law. However, it is important to examine how and to what extent the provisions of mandate can be applied to this contractual relationship. Therefore, the application of provisions of mandate contract to non-regulated contracts for services, viewed from a historical and comparative legal perspective, has been examined in the context of a software maintenance contract.