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June 11, 2026Annales de la Faculté de Droit d’IstanbulOpen Access

Severability Clauses in Turkish-German Contract Law

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NKNegahan Kırkbeşoğlu

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Overview

This legal analysis examines severability and substitute clauses in Turkish and German legal frameworks, highlighting enforceability issues.

Key Points

  • The study explores the role and enforceability of severability and substitute clauses in Turkish and German contract law.
  • Analyzed the general limitations established by the Turkish Code of Obligations regarding severability clauses.
  • Reviewed various types of contracts including standard form contracts and matrimonial property agreements to assess clause enforceability.
  • Compared findings between Turkish and German legal implications regarding contract invalidity.
  • Severability clauses play a crucial role in contract enforceability, with significant variances noted between Turkish and German legal practices.
  • Turkish law requires additional conditions for nullity agreements to achieve the desired outcomes for parties involved.
  • The analysis identifies specific contexts, such as divorce agreements, where the applicability of severability clauses is most contentious.

Cite This Study

Negahan Kırkbeşoğlu (2026) studied this question.

synapsesocial.com/papers/6a2a520a80c8f91e7f39e1dchttps://doi.org/10.26650/annales.2026.1904451
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