Software contracts

This study examines the multidimensional legal nature of software contracts in the context of the legal uncertainties created by the rapidly advancing digitalization process. The main focus of the study is the problem that software products cannot be clearly classified as "works," "goods," or "services" under the Turkish Code of Obligations (TBK) and the Intellectual and Artistic Works Law (FSEK). The thesis thoroughly analyzes the impact of technical elements such as software development methodologies (Agile/Waterfall), source code structure, and licensing models (COTS, custom software) on the structure of contracts and the principal performance obligations of the parties (delivery, warranty against defects, transfer of intellectual property rights). The analysis reveals that software contracts generally exhibit a hybrid structure, combining elements specific to a "work" contract (obligation to deliver a result) for the development phase and elements specific to an 'agency' or "service" contract (obligation to perform an activity) for maintenance/support services. Ultimately, this study aims to guide practitioners by demonstrating that software does not have a single legal nature, but rather should be characterized dynamically and multidimensionally according to the requirements of each specific case and the parties' intentions.