The legal validity and evidentiary value of verbal commitments made in Antalya, or anywhere else in Türkiye, is a frequently encountered and confusing issue. While verbal agreements are ubiquitous in our daily lives, they differ from written agreements in terms of their proving requirements and legal consequences. This article will examine in detail the legal validity of verbal commitments in Antalya and the evidence that can be used to substantiate these commitments.
Validity Conditions of Verbal Agreements
For a verbal agreement to be considered legally valid, it must comply with the general provisions of the Turkish Civil Code (TCC). These provisions include the agreement's requirements of consent, capacity, form, and legitimacy. Consent indicates that the parties have agreed to the agreement with their free will. Capacity, on the other hand, means that the parties possess the legal capacity to enter into legal transactions. Form requirements are generally not required for verbal agreements. However, for some specific contracts, the law requires a written form. Legitimacy, on the other hand, means that the agreement does not violate the law or public order. A verbal agreement is valid if it meets all four requirements.
Defects of Consent and Will
In verbal agreements, consent is established through the parties' express or implied statements. However, if there is a flaw in the consent (mistake, deception, threat, or fraud), the contract may be voided. In these cases, the validity of the verbal agreement becomes questionable, and the court must carefully examine the terms of the agreement and the parties' intentions.
Proof of Verbal Commitments
Verbal commitments are more difficult and complex to prove than written agreements. Turkish law has a hierarchy regarding the order of evidence. Written evidence (contracts, notarial deeds, etc.) is considered stronger than unwritten evidence (witness testimony, expert reports, etc.). Unwritten evidence is often necessary to prove a verbal agreement.
Witness Statement
Witness testimony is one of the most common methods of proving oral agreements. However, certain conditions must be met for witness testimony to be admissible. It is important that witnesses provide an accurate and unbiased account of the incident, that their statements are consistent, and that they possess reliable credentials. Having multiple witnesses corroborate the same event increases the strength of the evidence.
Other Types of Evidence
In addition to witness testimony, other types of evidence can be used to prove verbal agreements. These may include bank records, invoices, emails, text messaging records, photographs, and videos. This evidence can support a verbal agreement and influence a court decision. However, whether this evidence alone is sufficient to prove a verbal agreement depends on the specific circumstances of each case.
Verbal Agreements and Special Circumstances
In some cases, the law requires certain types of contracts to be in writing. For example, contracts for the sale of real estate are required in writing. In such cases, a verbal agreement may be considered invalid. Furthermore, because verbal agreements are difficult to prove, it is recommended to have a written agreement, especially for large transactions or agreements that may have significant consequences.
Risks and Precautions in Verbal Commitments
Given the difficulty of proving verbal agreements and their potential for uncertainty, it's important to take precautions to minimize potential risks. It's recommended to have a written agreement whenever possible, ensure its terms are clearly and concisely stated, record key information in writing, and have reliable witnesses.
Before entering into a verbal agreement in Antalya or elsewhere in Türkiye, it's important to assess the potential risks and seek legal advice. With the help of a legal professional, the terms of the agreement can be clearly defined and potential disputes can be avoided. It's important to remember that a written agreement is much stronger evidence than a verbal agreement and helps prevent future disputes. Therefore, always opting for a written document for important agreements is the most effective way to avoid potential problems.