Conditional of legal transactions

The concept of condition is not only a concept specific to the field of law but is a concept used in various fields and has multiple meanings. In its narrow and technical sense, condition is defined as connecting the emergence, termination, or continuation of the legal effect of a transaction with the will of the party to an event that is doubtful to occur in the future. The concept of condition is an important concept that finds its place within the autonomy of will and freedom of contract. While the freedom of contract granted to a person to make a contract in law increases the importance of the concept of condition, the concept of condition further expands the application area of the principle of freedom of contract. The condition causes the parties to act more carefully in their transactions to reduce future risks and to adapt the current situation to the new legal conditions. The concept of condition, which has its first and true meaning in Roman law, remains valid today. The fact that the condition is future-related and uncertain constitutes the fundamental element of the concept of condition. While some legal transaction may be conditional, others may not for public order, protection of public morals, and security of legal transactions. The concept of condition appears under different headings in the Turkish Civil Code and the Turkish Code of Obligations. The provisions of the Turkish Code of Obligations on conditionality between Articles 170-176 are general and based on the distinction between suspensive and a resolutive conditions. The concepts of condition are explicitly included in Testamentary Dispositions (the Turkish Civil Code Art. 515), sale contracts on condition of liking (the Turkish Code of Obligations Art. 249) and donation agreements (the Turkish Code of Obligations Art. 290). Although the concept of condition is not explicitly included in Retention of Title Clause, (the Turkish Civil Code Art. 764-765), a legal transaction is conditional due to the nature of the transaction.