Termination of contract by mutual agreement (infringement) in Turkish Law of Obligation

The aim of this study is to evaluate the termination of contract by mutual agreement. In this context, the concept of mutual rescission agreement, judicial quality and features have been examined and its differences from similar institutions have been determined. Mutual rescission agreement is not legally described in Turkish Law of Obligations. However, parties can terminate the legal relationship between them by way of mutual rescission agreement through the freedom of contract principle. For this reason, it is possible to define the mutual rescission agreement as a contract in order to eliminate legal relationship, especially contract between the parties. Academic researches and judicial decisions on mutual rescission agreement are especially related with field of labor law in Turkish Law. By this time, mutual rescission agreement has not been dealt with obligations law, so this is one of the most important reason for choosing as thesis subject. Keywords: Mutual Rescission Agreement, Infringement Agreement, Freedom of Contract, Mutual Agreement, Termination, Animus Termination