Türk Borçlar Kanunu

Law No. 6098

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 SIXTEEN – Gambling and Betting

Article 604 – A. Receivables not actionable or enforceable

No action may be brought and no enforcement proceedings may be initiated in respect of a receivable arising from gambling or betting.

The same provision applies to advances and loans knowingly given for gambling or betting and to forward sales made on a price difference basis of goods traded on a stock exchange, foreign currencies and negotiable instruments, where they constitute gambling or betting.

Article 605 – B. Issuance of debt instruments and voluntary payment

No person may bring an action or initiate enforcement proceedings on the basis of an ordinary debt instrument, bill of exchange, promissory note or cheque signed by a person who gambles or bets, even if it has been transferred to a third party. The rights that negotiable instruments confer on good-faith third parties are reserved.

Payments made voluntarily in respect of a gambling or betting debt may not be recovered. However, a voluntary payment may be recovered if the proper conduct of the gambling or betting was prevented by an unforeseen event or by the other party’s act, or if the other party cheated in the gambling or betting.

Article 606 – C. Lottery and Other Games of Chance

Unless lotteries and other games of chance have been authorised by law or by the competent authorities, no action may be brought and no enforcement proceedings may be initiated in respect of claims arising from them.

Where no authorisation has been granted, the provisions relating to gambling also apply to lotteries and other games of chance.

Lotteries and other games of chance organised in foreign countries in accordance with their own rules may not benefit from legal protection unless the competent authorities in Türkiye have authorised the sale of tickets for them in Türkiye.

CHAPTER SEVENTEEN – Life Annuity and Lifelong Care Contracts

DIVISION ONE – Life Annuity Contract

Article 607 – A. Definition

A life annuity contract is a contract under which the annuity debtor undertakes to make specified periodic performances to the annuity creditor throughout the life of one of them or of a third person.

Unless expressly provided otherwise, the contract is deemed to have been concluded for the life of the annuity creditor.

Unless otherwise agreed, an annuity granted for the life of the annuity debtor or a third person passes to the heirs of the annuity creditor.

Article 608 – B. Form

A life annuity contract is not valid unless made in writing.

Article 609 – I. Exercise of the right

Unless otherwise agreed in the contract, the life annuity is payable every six months in advance.

Even if the person for whose life the annuity is granted dies before the end of a period for which advance payment is provided, the annuity debtor is deemed to owe the full annuity for that period.

If the annuity debtor becomes bankrupt, the annuity creditor is entitled to register in the bankruptcy estate a sum equal to the capital that the relevant social security institution would have to pay in order to provide the periodic annuity owed by the annuity debtor.

Article 610 – II. Transferability

Unless otherwise agreed in the contract, the annuity creditor may transfer their rights to another person.

DIVISION TWO – Lifelong Care Contract

Article 611 – A. Definition

A lifelong care contract is a contract under which the care debtor undertakes to care for and look after the care creditor until the care creditor’s death, and the care creditor undertakes to transfer property or certain assets to the care debtor.

If the care creditor appoints the care debtor as an heir, the provisions on inheritance contracts apply to the lifelong care contract.

Article 612 – B. Form

A lifelong care contract is not valid unless made in the form of an inheritance contract, even if it does not include the appointment of an heir.

If the contract is made by a care institution recognised by the State in compliance with the conditions determined by the competent authorities, writing is sufficient for its validity.

Article 613 – C. Security

A care creditor who has transferred immovable property to the care debtor has, like a seller, a statutory right to a mortgage over that property to secure their rights.

Article 614 – D. Subject Matter

Upon conclusion of the contract, the care creditor becomes part of the care debtor’s family community. The care debtor is obliged to render to the care creditor the performances required by equity, having regard to the value of the property received and the care creditor’s prior social status.

The care debtor is obliged in particular to provide the care creditor with suitable food and accommodation, to care for them with due diligence when they are ill, and to arrange for their treatment.

The scope and performance of the care obligation of institutions established to provide lifelong care to persons they accept are determined by general regulations prepared by those institutions and approved by the competent authorities. Those regulations are deemed part of the contract.

Article 615 – E. Annulment and Reduction

If, as a result of the lifelong care contract, the care creditor becomes unable to fulfil their obligation under the law towards persons to whom they owe maintenance, those deprived of maintenance may seek annulment of the contract.

Instead of annulling the contract, the judge may order the care debtor to pay maintenance to the persons to whom the care creditor owes maintenance, to be deducted from the performances to be rendered by the care debtor.

The heirs’ right to bring an action for reduction and the creditors’ right to bring an action for annulment are reserved.

Article 616 – I. Termination with notice

If there is a substantial disproportion between the parties’ performances and the party receiving more cannot prove that the intention was to make a gift to them, the other party may terminate the contract at any time by giving six months’ notice. In determining this disproportion, the basis shall be the difference between the capital value corresponding to the value of what was given to the care debtor and the annuity to be granted by the relevant social security institution.

Performances rendered up to the time of termination of the contract shall be assessed together with capital and interest, and the party found to be a creditor as a result of the equalisation shall be repaid.

Article 617 – II. Termination without notice

If continuation of the contract becomes intolerable because of a breach of obligations arising from it, or other significant reasons make continuation impossible or excessively difficult, either party may terminate the contract without notice. If the contract is terminated on one of these grounds, the party at fault is obliged to return what they received and pay the innocent party appropriate compensation for the loss suffered as a result.

The judge may find termination of the contract without notice appropriate or may, at the request of either party or on the judge’s own motion, end their living together within the family community and grant the care creditor a life annuity.

Article 618 – III. Death of the care debtor

If the care debtor dies, the care creditor may seek termination of the contract within one year. In that case, the care creditor may claim from the care debtor’s heirs payment of a sum equal to the amount that the care creditor could claim from the bankruptcy estate if the care debtor became bankrupt.

Article 619 – G. Non-transferability; Claims in the Event of Bankruptcy and Attachment

The care creditor may not transfer their right to another person.

If the care debtor becomes bankrupt, the care creditor is entitled to register in the bankruptcy estate a sum equal to the capital value that the relevant social security institution would have to pay in order to provide the periodic annuity the debtor is obliged to pay.

The care creditor may join an attachment being pursued by third parties against the debtor in order to satisfy this claim.

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