Contractual gap fillling

In Turkish law, the Code of Obligations does not settle the question of how to proceed in the absence of a contractual regulations. A partial solution is derived from CO 2 II, which gives the judge jurisdiction to fill the gaps in accordance with peculiarities of the case, provided that the parties have reached agreement on all essential points of the contract. This provision is inadequate to comprise the power of the judge to complete an incomplete contract. Despite the absence of a legal basis stricto sensu, doctrine and jurisprudence recognize the power of the judge to fill gaps in contracts. The basis of this power of the judge is CC 1 II. When we accept CC 1 II, the legal basis of power of the judge to complete an incomplete contract, we will see that it is inevitable to identify sources of gap filling by CC 1 II.