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 TWO – Barter Contract
Article 282 – A. Definition
A contract for exchange of goods is a contract under which one party undertakes to transfer possession and ownership of one or more items to the other party, and the other party undertakes, as counter-performance, to transfer possession and ownership of another one or more items.
Article 283 – B. Applicable provisions
The provisions relating to contracts of sale also apply to contracts for exchange of goods; accordingly, each party is in the position of seller with respect to the item it undertakes to deliver and buyer with respect to the item it is to receive.
Article 284 – C. Liability for eviction and defects
The provisions of contracts of sale concerning liability for eviction and defects also apply to contracts for exchange of goods to the extent appropriate.
CHAPTER THREE – Donation Contract
Article 285 – A. Definition
A contract of donation is a contract whereby the donor undertakes to confer a gratuitous benefit on the donee from their assets, to take effect between living persons.
Waiving a right not yet acquired or renouncing an inheritance does not constitute a donation.
The performance of a moral duty is also not considered a donation.
Article 286 – I. For the donor
Any person with capacity to act may make a donation, subject to the limitations arising from the matrimonial property regime between spouses or from succession law.
If, as a result of proceedings brought within one year after the donation, it is decided that the donor is to be placed under restriction on account of prodigality, the donation may be annulled by the court.
Article 287 – II. For the donee
A person lacking capacity to act may accept a donation if they have discernment. However, the donee’s legal representative may prohibit that person from accepting the donation or order the return of the donated thing, in which case the donation ceases to have effect.
Article 288 – I. Promise to donate
A promise to donate is valid only if the contract is made in writing.
A promise to donate an immovable property or a real right over an immovable property is valid only if made in official form.
A promise to donate that is invalid for failure to comply with the required form has the effect of a donation by delivery when performed by the donor. However, this provision does not apply to donations for which validity is subject to official form.
Article 289 – II. Donation by delivery
A donation by delivery is formed when the donor delivers an item of their movable property to the donee.
Article 290 – III. Conditional donation
A donation may be made subject to a condition.
The provisions concerning wills apply to a donation whose performance depends on the donor’s death.
Article 291 – IV. Donation subject to an obligation
The donor may impose obligations on the donation.
The donor may demand performance of obligations accepted by the donee under the contract.
After the donor’s death, the authority to demand performance of an obligation imposed on a donation for the public benefit passes to the relevant public institution.
If the value of the subject of the donation does not cover the costs of performing the obligation and the excess amount is not paid to the donee, the donee may refuse to perform it.
Article 292 – V. Donation subject to a reversion condition in favour of the donor
The donor may stipulate that the subject of the donation revert to them if the donee dies before them.
If the subject of the donation concerns an immovable property or a real right over an immovable property, the reversion condition in favour of the donor may be annotated in the land register.
Article 293 – VI. Revocation of the offer to donate
A person may revoke an offer to donate property to another person until the donee accepts it, even if the person has physically separated that property from their other property.
Article 294 – D. Donor’s liability
The donor is not liable to the donee for damage arising from the donation unless the donor caused that damage through gross fault.
If the donor has separately given a warranty concerning the donated thing or claim, the donor is liable under that warranty.
Article 295 – I. Revocation of a donation
If one of the following circumstances occurs, the donor may revoke a donation by delivery or a promise to donate that they have performed and may demand return of the subject of the donation to the extent of the donee’s enrichment as of the date of the request:
1. The donee has committed a serious offence against the donor or someone close to the donor.
2. The donee has materially breached their statutory obligations toward the donor or a member of the donor’s family.
3. In a donation subject to an obligation, the donee has failed to perform the obligation without just cause.
Article 296 – II. Revocation of a promise to donate and refusal to perform
The person who has promised to donate may revoke the promise and refuse to perform it in the following circumstances:
1. If there is a ground on which they could demand return of a property donated by delivery.
2. If their financial situation has subsequently changed to such an extent that performance of the promise would be extraordinarily burdensome for them.
3. If, after making the promise to donate, new family obligations have arisen for them or those obligations have materially increased.
If the person who has promised to donate is found to be unable to pay their debts or is declared bankrupt, the obligation to perform ceases.
Article 297 – III. Period for exercising the right of revocation and its passage to heirs
The donor may revoke the donation within one year from the day on which they learn of the ground for revocation.
If the donor dies before the one-year period expires, the right of revocation passes to their heirs, who may exercise it until that period expires.
If the donor did not learn of the ground for revocation during their lifetime, their heirs may exercise the right to revoke the donation within one year from the donor’s death.
If the donee intentionally and unlawfully kills the donor or prevents the donor from exercising the right of revocation, the heirs may revoke the donation.
Article 298 – IV. Death of the donor
Unless otherwise agreed, a donation involving periodic performances ends upon the donor’s death.