Partial absolute nullity

According to the provision article 27/2 of TCO, the parties may claim the absolute nullity of the entire contract by asserting that they will not conclude the contract without these parts due to the fact that some of the provisions contained in the contracts they have made are completely invalid. The application of partial absolute nullity depends on the hypothetical will of the parties in this direction. However, if it is concluded from the will of the parties that they explicitly want the entire contract to be null and void, the entire contract is considered to be null and void. With this provision, the legislator has actually stipulated that the sanction of partial final invalidity will be applied as a rule. However, it also gave the parties the opportunity to request the invalidity of the entire contract. As a matter of fact, the fact that such a provision has been stipulated does not give the parties the opportunity to assert the absolute nullity of the entire contract in any case. The legislator has provided for some regulations limiting the application of the final invalidity sanction, especially in cases where the claim that the contract will not be concluded without the final invalid parts is put forward in a way contrary to the rule of honesty. These arrangements are more often seen as arrangements for the protection of the party in a weak position in the contract. Especially in cases where the parties themselves caused the absolute nullity of the contract, or after a long period of time has passed over the contract and a significant part of the contractual actions have been performed, asserting the absolute nullity leads to an abuse of the right in a way contrary to the rule of honesty. In cases where these situations are in question, the legislator has limited the assertion of the invalidity of the entire contract. In order to examine the regulations in which the application of the absolute nullity sanction is limited, the invalidity of legal transactions in general is discussed in the first part of the thesis. In the second part, the absolute nullity sanction and the cases causing the absolute nullity in the third and final part, the regulations limiting the invalidity of the entire contract by asserting the partial absolute nullity sanction and the partial final nullity sanction are examined. Keywords: Absolute Nullity, Partial Absolute Nullity, Limitation of Absolute Nullity, The Rule of Honesty, Agreement