Before the concept of Law of Obligations, the concept of debt should be examined. Debt; It means to take an action, to give something, to refrain from doing a behavior. In our law, the person who must fulfill this debt is called the debtor, while the action that must be fulfilled is called an act. In other words, the law of obligations is the branch of law that regulates the debt relations between the parties. The sources of debt are the reasons that give rise to the debt relationship. Sources of debt; contract, tort, unjust enrichment. This branch of law is regulated by the Turkish Code of Obligations, which entered into force on 1 July 2012 as the main source.
The Turkish Code of Obligations, in the first part of the general provisions, regulates the basic rules that find application in all debt relations (birth, provisions, termination of debt relations, default of creditor and debtor, etc.); In the second part, which carries private debt relations, there are various contract types (sale, donation, rent, work, power of attorney) and related articles. The law of obligations, which is in the field of private law among the branches of law, is a very comprehensive field.
Like every branch of law, the law of obligations takes its basis from the Constitution. According to Article 38 of the Constitution; “No one shall be deprived of his liberty merely because he has failed to fulfill a contractual obligation. “According to Article 48 of the Constitution; “Everyone has the freedom to work and contract in any field they wish.” Freedom of contract, which is the basic principle of the law of obligations, is clearly regulated in these provisions of the Constitution.
The cases within the scope of the law of obligations can be listed as follows; Compensation lawsuits arising from tort, pecuniary and non-pecuniary damages, receivables, rent determination and evacuation cases, construction law cases, cases of prohibition of intervention, cases of dissolution of partnership, cases related to retaliatory damages, real estate cases, mortgage-hostage establishment and withdrawal. In addition to all kinds of lawsuits arising from condominium ownership; All kinds of lawsuits arising from the lease agreement, sales agreement, work contract can be counted. In addition to the debt relations listed, there are many other relations and debt relations have a wide place in daily life.