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 FOURTEEN – Custody Contracts
Article 561 – I. Definition
A deposit contract is a contract by which the depositary undertakes to keep safe, in a secure place, a movable property entrusted to the depositary by the depositor.
The depositary may claim remuneration if expressly provided for or required by the circumstances and conditions.
Article 562 – II. Obligations of the depositor
The depositor is obliged to pay all expenses necessitated by performance of the contract.
The depositor is obliged to compensate the depositary for damage arising from the deposit, unless the depositor proves that it did not result from the depositor’s fault.
Article 563 – 1. Prohibition on use
The depositary may not use the deposited property without the depositor’s permission.
If the depositary acts contrary to this prohibition, the depositary is obliged to pay the depositor reasonable compensation for use and is also liable for damage arising from fortuitous events, unless the depositary proves that such damage would have occurred even if the property had not been used.
Article 564 – a. General provisions
Even if a period has been specified in the deposit contract, the depositary is obliged, upon the depositor’s request, which may be made at any time, to return the deposited property together with all its increase. However, the depositor is obliged to pay the expenses incurred by the depositary in reliance on the specified period.
Article 565 – b. Special cases
The depositary may not return the deposited property before the expiry of the specified period. However, if, due to unforeseeable circumstances, continuation of the contract becomes dangerous for the deposited property or harmful to the depositary, the depositary may return it before the expiry of the specified period.
If no period has been specified, the depositary may return the deposited property at any time.
If several persons entrust an item for deposit, the depositary cannot discharge liability by returning the deposited property to one of them, unless the contract provides otherwise or they all consent.
Article 566 – c. Place of return
The deposited property shall be returned at the place where it must be kept, at the depositor’s expense and risk.
Article 567 – 3. Liability of depositaries
Persons who jointly accept an item for deposit are jointly and severally liable.
Article 568 – 4. Claims of third parties
Even if a third party asserts a real right over the deposited property, the depositary is obliged to return it to the depositor unless the property has been attached or an action for recovery has been brought against the depositary.
If attachment is imposed or an action for recovery is brought, the depositary must immediately notify the depositor.
Article 569 – IV. Entrustment to an escrow agent
If several persons, in order to protect their rights, entrust to an escrow agent an item whose legal status is disputed or uncertain, the escrow agent may not return it to any of them without the consent of all depositors or a court decision.
Article 570 – B. Deposit of fungible goods
If it is expressly or impliedly agreed that the depositary shall return an equivalent amount of the money entrusted to the depositary without being obliged to return the identical money, the benefit and risk of that money belong to the depositary.
Leaving money unsealed and loose constitutes an implied agreement.
The depositary may not dispose of other fungible goods or negotiable instruments deposited with the depositary unless expressly authorised by the depositor.
Article 571 – I. Issuance of a certificate
A warehouse operator who expressly informs the public that the operator accepts commercial goods for storage may request the competent authority to authorise the issuance of a certificate representing the goods deposited.
Article 572 – II. Warehouse operator’s obligation to keep goods
The warehouse operator is obliged to keep the goods entrusted to the operator with the care of a commission agent and, if a change occurs in the goods that requires additional precautions, to notify the depositor as far as practicable.
The warehouse operator must permit the depositor to inspect the condition of the goods and take samples during customary business hours, and must also permit the depositor at any time to take the necessary protective measures.
Article 573 – III. Commingling of deposited items
Unless expressly authorised, the warehouse operator may not mix fungible goods of the same kind and quality.
Each depositor may claim a share proportionate to their entitlement in such goods mixed pursuant to the authorisation.
In this case, the warehouse operator may separate each depositor’s share without requiring all depositors to be present together.
Article 574 – IV. Rights of the warehouse operator
The warehouse operator may claim the agreed or customary warehouse fee and all expenses, such as maintenance, carriage and customs expenses, that do not arise from the deposit.
These expenses shall be paid immediately, while the warehouse fee shall be paid every three months and, in any event, when all or part of the goods are taken back.
For its claims, the warehouse operator has a right of retention over the goods for as long as the operator possesses them or is authorised to dispose of them by means of any certificate representing the goods.
Article 575 – V. Return of the goods
The warehouse operator is obliged to return commercial goods as under a general deposit contract. However, even where the depositary is entitled to return them before the agreed time for reasons that could not have been foreseen in the contract, the warehouse operator must keep the goods until the end of the agreed period.
Article 576 – 1. Conditions and scope
Persons operating establishments such as hotels, motels, boarding houses and holiday villages are liable for the loss of, damage to or theft of property brought by their guests. However, operators are released from this liability if they prove that the damage arose from fault attributable to the guest personally, a person visiting the guest, or a person accompanying or in the service of the guest, from force majeure, or from the nature of the property.
Unless fault is attributable to the operators or their employees, this liability may not exceed three times the daily accommodation fee for each guest.
Article 577 – 2. Valuable property
If valuable property, a considerable amount of money or negotiable instruments have not been entrusted to the operator for safekeeping, the operator is liable only in the event of fault on the part of the operator or the operator’s employees.
If the operator has accepted them for safekeeping or has refused to do so, the operator is liable for their full value.
The rule on liability concerning the guest’s other property applies to property, money and similar items that the guest is required to keep with them.
Article 578 – 3. Extinguishment of liability
If the guest does not notify the operator as soon as the guest becomes aware of the damage, the guest loses the right to claim.
The operator cannot escape liability even if the operator announces by any means that the operator assumes no such liability or makes liability conditional on a condition not specified in this Code.
Article 579 – II. Liability of operators of garages, car parks and similar places
Operators of garages, car parks and similar places are liable for the loss of, damage to or theft of animals, horse-drawn carriages, harnesses and similar items belonging to them, as well as motor vehicles and their accessories, that are entrusted to them or accepted by their employees. However, operators are released from this liability if they prove that the damage arose from fault attributable to the depositor, the depositor’s visitor, or a person accompanying or in the service of the depositor, from force majeure, or from the nature of the property.
However, unless fault is attributable to the operators or their employees, the liability of operators of garages, car parks and similar places may not exceed ten times the daily deposit fee charged for each item deposited.
The operator cannot escape liability even if the operator announces by any means that the operator assumes no such liability or makes liability conditional on a condition not specified in this Code.
Article 580 – III. Right of retention
Operators have a right of retention over property or animals entrusted to them or placed in accommodation establishments, garages, car parks and similar places, as security for their fees or claims arising from storage expenses.
The provisions concerning the landlord’s right of retention also apply here by analogy.