Formation of contract

One of the primary sources of obligation, and perhaps the most important one, is the contract. By virtue of the reference made in article 5 of the Turkish Civil Code, the contract, in this respect, is not only one of the fundamental concepts of law of obligations, but also, is a fundamental concept for all branches of private law. The formation of contract is set forth under articles 1-11 of the Turkish Code of Obligations (TCO). The main principle regarding the formation of contract is described in article 1/1 of the TCO, which is a contract is formed by the expression of intent of the parties with mutual consensus. Accordingly, the concept of expression of intent is at the centre of the concept of contract. The formation of contract, thus, should naturally be examined in light thereof. Indeed articles 3-10 of the TCO regulates the mutual expression of intent and article 2 of the TCO regulates the consensus on the expression of intent. The effects of the expression of intent regarding the formation of contract are regulated under article 11 of the TCO. In this study, of which subject matter is the formation of contract, the expression of intent, the mutuality of thereof, the consensus between the mutual expressions of intent and the effects arising out of the expression of intent in terms of establishment of the contract are discussed respectively.