Unofficial English translation for information only. In case of discrepancy, the Turkish text prevails. This translation is not legal advice.
Turkish source: Law No. 6098, Official Gazette 04/02/2011, No. 27836. Turkish text as published on mevzuat.gov.tr, checked on 26 October 2026: https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=6098&MevzuatTur=1&MevzuatTertip=5
PART TWO – Special Obligational Relationships
CHAPTER SEVEN – Contract for Work
Article 470 – A. Definition
A contract for work is a contract under which the contractor undertakes to produce a work and the client undertakes to pay a price in return.
Article 471 – 1. In general
The contractor shall perform the obligations undertaken with loyalty and due care, having regard to the client’s legitimate interests.
The contractor’s liability arising from the duty of care shall be assessed by reference to the conduct, consistent with professional and technical rules, expected of a prudent contractor undertaking work in a similar field.
The contractor shall produce the work personally or have it produced under their own direction. However, if the contractor’s personal qualities are not material to the production of the work, the contractor may have another person perform it.
Unless otherwise provided by custom or agreement, the contractor shall supply the tools and equipment to be used in producing the work.
Article 472 – 2. Materials
If the materials are supplied by the contractor, the contractor shall be liable to the client for defects in those materials in the same manner as a seller.
If the materials are supplied by the client, the contractor shall use them with due care, account for their use and return any surplus.
If, during production of the work, it becomes apparent that the materials supplied by the client or the site designated by the client for the work are defective, or if any other circumstance arises that jeopardises proper or timely production of the work, the contractor shall immediately notify the client; otherwise, the contractor shall be liable for the resulting consequences.
Article 473 – 3. Commencement and execution of the work
If the contractor fails to commence the work on time or delays it contrary to the contract, or if a delay arising for a reason not attributable to the client makes it clear by all estimates that the contractor will be unable to complete the work at the agreed time, the client may withdraw from the contract without having to wait until the date fixed for delivery.
If, during production, it becomes clear that the work will be defective or contrary to the contract through the contractor’s fault, the client may give the contractor notice requiring the defect or non-compliance to be remedied within a reasonable period set by the client or on the client’s behalf to prevent that outcome, failing which the repair or continuation of the work will be entrusted to a third party at the contractor’s risk and expense.
Article 474 – a. Identification of defects
After delivery of the work, the client shall inspect it as soon as practicable in the ordinary course of business and notify the contractor of any defects within a reasonable period.
Either party may, at their own expense, request that the work be inspected by an expert and that the findings be recorded in a report.
Article 475 – b. The client’s alternative remedies
Where the contractor is liable for a defect in the work, the client may exercise one of the following alternative remedies:
1. Withdrawal from the contract if the work is defective to such an extent that the client cannot use it or cannot equitably be required to accept it, or if it departs from the terms of the contract to the same extent.
2. Retention of the work and a claim for a reduction in the price proportionate to the defect.
3. A claim for repair of the work free of charge, with all expenses borne by the contractor, provided that this does not entail excessive expense.
The client’s right to claim compensation under the general provisions is reserved.
If the work has been constructed on the client’s immovable property and its dismantling and removal would cause excessive damage, the client may not exercise the right to withdraw from the contract.
Article 476 – c. The client’s responsibility
If the defect in the work results from instructions given by the client despite the contractor’s express warning, or is attributable to the client for any other reason, the client may not exercise the rights arising from the defect.
Article 477 – d. Acceptance of the work
After express or implied acceptance of the work, the contractor is released from all liability; however, liability continues for defects intentionally concealed by the contractor and for defects that could not have been discovered during a proper inspection.
If the client neglects to inspect the work and give notification, the client shall be deemed to have accepted the work.
If a defect in the work becomes apparent subsequently, the client shall notify the contractor without delay; otherwise, the client shall be deemed to have accepted the work.
Article 478 – e. Limitation period
If the contractor has produced a defective work, actions arising from that defect shall become time-barred upon expiry of two years for works other than immovable structures, five years for immovable structures and, where the contractor is grossly at fault, twenty years irrespective of the nature of the defective work, calculated from the date of delivery.
Article 479 – 1. When the price falls due
The client’s obligation to pay the price falls due upon delivery of the work.
If delivery of the work in parts has been agreed and a price has been fixed for each part, the price of each part falls due upon its delivery.
Article 480 – a. Lump-sum price
If the price has been determined as a lump sum, the contractor is obliged to produce the work for that price. Even if the work has required more labor and expense than anticipated, the contractor may not request an increase in the determined price.
However, if circumstances that could not have been foreseen at the outset, or that could have been foreseen but were not taken into account by the parties, prevent the work from being performed for the lump-sum price determined by the parties or make it extremely difficult, the contractor is entitled to request the judge to adapt the contract to the new conditions and, if this is not possible or cannot be expected of the other party, to withdraw from the contract. Where required by the rules of good faith, the contractor may exercise only the right to terminate the contract.
Even if the work has required less labor and expense than anticipated, the client is obliged to pay the entire determined price.
Article 481 – b. Price according to value
If the price of the work has not been determined in advance or has been determined approximately, the price shall be determined by reference to the value of the work at the place and time it was performed and the contractor’s expenses.
Article 482 – I. Exceeding the approximate price
If it becomes clear that the price determined approximately at the outset will be exceeded to an excessive extent through no fault of the employer, the employer may withdraw from the contract before or after the work has been completed.
If the work is being carried out on the employer’s land, the employer may request an appropriate reduction in the price or, if the work has not yet been completed, may terminate the contract by preventing the contractor from continuing the work and paying an equitable price for the completed portion.
Article 483 – II. Destruction of the work
If the work is destroyed as a result of an unforeseen event before delivery, the contractor may not request payment for the work performed or reimbursement of expenses unless the employer is in default in accepting delivery of the work. In this case, damage to the materials shall be borne by the person who supplied them.
If the work is destroyed because of a defect in materials supplied by the employer or in the land indicated by the employer, or because it was carried out in accordance with the employer’s instructions, the contractor may request payment for the value of the work performed and for expenses not included in that value, provided that the contractor gave timely notice of the adverse consequences that could arise. If the employer is at fault, the contractor is also entitled to request compensation for the damage.
Article 484 – III. Termination in return for compensation
The employer may terminate the contract before completion of the work, provided that the employer pays for the completed portion and compensates the contractor for all losses.
Article 485 – IV. Impossibility of performance due to the employer
If completion of the work becomes impossible due to an unforeseen event related to the employer, the contractor may request the value of the work performed and expenses not included in that value.
If the employer is at fault for the occurrence of the impossibility of performance, the contractor is also entitled to claim compensation.
Article 486 – V. Death of the contractor or loss of ability
A contract concluded in consideration of the contractor’s personal qualities shall terminate automatically if the contractor dies or loses the ability to complete the work through no fault of the contractor. In this case, if the employer can benefit from the completed portion of the work, the employer is obliged to accept it and pay for it.
CHAPTER EIGHT – Publishing Contract
Article 487 – A. Definition
A publishing contract is a contract by which the author of a literary or artistic work, or the author’s successor, undertakes to deliver that work to the publisher for publication, and the publisher undertakes to reproduce and publish it.
Article 488 – B. Form
The validity of a publishing contract is contingent on its being made in writing.
Article 489 – I. Transfer of the right to have the work published and liability
Under a publishing contract, the author’s rights pass to the publisher to the extent and for the period required for performance of the contract.
The person commissioning publication is liable to the publisher for not having the right to have the work published at the time the contract was concluded and, if the work is protected, for not holding the copyright.
If all or part of the work has been delivered to another publisher for publication, or has been published with the knowledge of the person commissioning publication, that person is obliged to inform the other party before the publishing contract is concluded.
Article 490 – II. Right of disposal of the person commissioning publication
Until the period agreed in the contract has expired or, if no period has been specified, until the customary period for exhausting the agreed print run has elapsed, the person commissioning publication may not dispose of all or part of the work in a manner detrimental to the publisher.
Short writings appearing in periodicals may at any time also be published elsewhere by the person commissioning publication.
The person commissioning publication may not republish the portions of a collected work that belong to them or their lengthy writings published in journals until three months have elapsed from the end of publication.
Article 491 – III. Determination of the number of editions and print run
If the number of editions is not specified in the contract, the publisher has the right to produce only one edition.
The parties must agree on the term of the contract or the print run.
Where the contract authorizes the publisher to produce a specified number of editions or all new editions, if the publisher fails to produce a new edition while the work is out of print, the person commissioning publication shall grant the publisher an appropriate period for the new edition. If the publisher does not produce the edition within the period granted, the person commissioning publication may withdraw from the contract.
Article 492 – IV. Reproduction and distribution
The publisher is obliged to reproduce the work appropriately without any abridgment, addition or alteration; the publisher is also obliged to carry out the promotion and distribution necessary to increase sales and to take all measures in this regard.
The publisher shall determine the sale price, provided that this does not make the work difficult to sell.
Article 493 – V. Correction and improvement
Provided that the publisher’s interests are not prejudiced and its liability is not increased, the author may make corrections and improvements to the work, while the author’s successors may only update it. Expenses required for such correction and improvement but not provided for in the contract shall be borne by the person commissioning publication.
The publisher may not produce a new edition or reproduce the work without giving the author the opportunity to improve the work and the author’s successors the opportunity to update it.
Article 494 – VI. Joint printing and separate publication
The right to publish separately several works by one author does not authorize the publisher to print them together.
Likewise, the right to publish all of an author’s works, or only one category of them, together does not entitle the publisher to print and publish each of them separately.
Article 495 – VII. Right of translation
The right of translation may pass to the publisher only if this is expressly stated in the contract.
Article 496 – 1. Determination of the fee
Unless otherwise agreed in the contract, the person commissioning publication may request payment of a fee.
Where a fee is payable but its amount is not specified, the fee shall be determined by the judge.
If the publisher has the right to produce more than one edition, the fee and other conditions agreed for the first edition shall be deemed to have been agreed for subsequent editions as well.
Article 497 – 2. Time of payment of the fee, sales accounts and right to receive copies free of charge
If the work is to be published as a whole, the fee shall be paid after the entire work has been printed and made ready for sale; if it is to be published in parts such as volumes, fascicles or gatherings, payment shall be made after each part has been printed and made ready for sale.
If the parties have tied the fee to the quantity sold, the publisher is obliged to keep and prepare sales accounts and to prepare customary supporting documents.
Unless otherwise agreed, the person commissioning publication is entitled to receive free of charge the quantity of the work that is customarily provided.
Article 498 – I. Destruction of the work
Even if the work is destroyed as a result of an unforeseen event after delivery to the publisher, the publisher is obliged to pay the fee.
If the author has another copy of the work, the author must give that copy to the publisher; if the author has no other copy but the work can be recreated with little effort, the author is obliged to recreate and deliver it. In either case, the author may request appropriate compensation.
Article 499 – II. Destruction of the printed copies
If all or part of the completed print run of the work is destroyed as a result of an unforeseen event before being offered for sale, the publisher may reprint the destroyed quantity at the publisher’s own expense without paying an additional fee to the person commissioning publication.
If the publisher can replace the destroyed copies without incurring excessive expense, the publisher is obliged to do so.
Article 500 – III. Termination for personal reasons
If the author dies or loses the ability to complete the work before completing it, or if completion becomes impossible through no fault of the author, the contract terminates automatically. However, if performance of all or part of the contract is possible and equitable, the judge may decide that the contractual relationship shall continue and that the changes necessary for this purpose shall be made.
If the publisher becomes bankrupt, the person commissioning publication may give the work to another publisher; however, the person commissioning publication may not do so if security has been provided for performance of the obligation that was not yet due at the time of bankruptcy.
Article 501 – E. Publishing contract for commissioned work
If one or more persons undertake to create a work according to a plan determined by the publisher, they are entitled only to the fee agreed in the contract.
In this case, the economic rights that are the subject of the contract belong to the publisher.