Framework contracts

In this study framework contracts have been examined by basing them upon the main principles of the law of obligations, and by comparing them with the classical contracts of the law of obligations. In addition, this study explains the specific characteristics of framework contracts and what sort of legal and economic purposes they serve in Turkey and the other Continental European legal systems. The thesis consists of four chapters.The first chapter of the thesis is dedicated to the principle of freedom of contract. This section defines the principle and explains its intellectual basis and the socio-economic circumstances that have formed the principle of freedom of contract, which is accepted as the basic principle in private law in the countries that have adopted the Continental European legal systems and, in this context, in Turkey. The first section concludes with explanations of the limits of freedom of contract and the freedom of drafting a contract, which is one of the realizations of freedom of contract.In the second chapter of the thesis, firstly, the limits of the concept of the framework contract are determined and, secondly, framework contracts are defined in a way that encloses all their factors and, following this, our views on the legal features of framework contracts are stated. The second chapter of the thesis concludes with the explanations of the types, purposes and the economic functions of framework contracts.In the third chapter of the thesis, having explained the establishment of and the shape of the framework contract, the content of the framework contract is discussed.In the fourth and last chapter of the thesis, the framework contract is compared with similar concepts given. Furthermore, the failure to perform and termination of framework contracts are examined.