Mistake resulting from violation of will in Turkish and Afghanistan law and its effect on contracts

In both Turkish and Afghanistan law, although contracts are formed through mutual and congruent expressions of will by the parties, the declarations of will by the parties must be based on their genuine intent and consent. Otherwise, contracts cannot achieve full validity. Therefore, if a person declares their existing will incorrectly to the external world or if the will is formed based on a mistaken perception, the contract is susceptible to cancellation-termination due to the impairment of will. In Turkish law, since the principle of trust is accepted in the formation and interpretation of contracts, in cases where a mistake is involved, the contract is established, and legal consequences arise for both parties. However, the right to cancel is envisaged for the deceived party, and when the deceived party learns about the deception, they can render the contract void from the beginning by notifying the other party within one year (exercising the right to cancel). In contrast, in Afghanistan law, as explicit intent (declaration) is accepted in the formation of contracts, in cases of mistake, the contract is generally considered valid. However, a right to terminate is provided for the deceived party to be able to annul the contract with future effect. As a sole exception, if the mistake pertains to the subject matter of the contract in special circumstances, the contract is void. In our study, the impact of mistake on contracts in Turkish and Afghanistan law will be examined within the framework of the trust principle in Turkish law and the acceptance of explicit intent (declaration) in Afghanistan law. In this study, if the error is evaluated in terms of Turkish law, the term "cancellation" is always used; if it is examined in terms of Afghanistan law, the term "termination" is used. However, if "cancellation-termination" is used together, the information and subject matter disclosed are from the perspective of both legal systems.