In companies operating in Antalya, disagreements may occasionally arise between partners and these disagreements are attempted to be resolved by signing protocols. However, the processes of signing these protocols may not always be smooth and agreed upon, and the validity of protocols signed in a contentious environment is often a matter of debate. In this article, the validity of contentious protocols signed between company partners in Antalya, the relevant legal regulations and the issues to be considered will be discussed in detail.
Validity Conditions of Protocols Signed in a Contentious Environment
In order for a protocol to be valid, it must meet the general validity conditions specified in Article 12 of the Turkish Code of Obligations (TBK). These conditions are consent, capacity, compliance with formal requirements and legitimacy. In protocols signed in a contentious environment, it is necessary to focus particularly on the consent element. If one of the partners signs the protocol through pressure, threat or deception, the consent element will be deemed incomplete and the protocol will be invalid. The determination of this situation will be made by the court as a result of the examination of the evidence. Evidence may include witness statements, written communications, the conditions for signing the protocol and the behavior of the parties.
Protocols Signed Under Pressure and Threat
Article 17 of the TCC regulates the reasons for the violation of consent. Pressure and threat are important reasons for the violation of consent. Therefore, if a partner signs a protocol under pressure or threat from another partner or a group of partners, this protocol may be deemed invalid by the court. The nature and effect of the pressure or threat will be evaluated by the court. For example, situations such as economic pressure, blackmail or physical threat may lead to the violation of consent.
Fraudulently Signed Protocols
Fraud is another cause of breach of consent. If a partner has caused the other partners to sign a contract by giving misleading information or concealing important information, the contract will be considered fraudulent and will be void. The nature and effect of the fraud will be assessed by the court. For example, false information about the company's financial situation or concealing an important agreement may constitute a fraudulent contract.
Investigation of Contentious Protocols Between Company Partners in Antalya
When examining the validity of the contested protocols signed between the partners of the company, the civil courts in Antalya meticulously evaluate the general validity conditions mentioned above and the reasons for the violation of consent. The court examines the evidence presented by the parties and investigates the conditions of signing the protocol, the intentions of the parties and the accuracy of the issues covered in the protocol. In this process, the role of the parties' lawyers is very important. An experienced lawyer takes the necessary steps to protect the rights of his client and determine the most appropriate legal strategy.
Importance of Evidence
Evidence is of great importance in determining the validity of contested protocols. Parties must submit to the court all evidence supporting their claims. This evidence may include emails, text messages, witness statements, company records, bank records, and other relevant documents. The court will carefully review this evidence and determine whether the protocol is valid.
Other Factors Affecting Validity of Protocols
Other factors affecting the validity of protocols include whether the protocol is in writing, whether the provisions in the protocol are clear and understandable, whether the protocol is enforceable, and the parties' freedom to contract. Although unwritten protocols are more difficult to prove, this does not mean that they are invalid. However, it should be noted that a written protocol provides an advantage in terms of proof. Protocols containing unclear or unclear provisions may be interpreted by the court, and the protocol may be deemed invalid as a result of this interpretation.
Contact Attorney Billur Güler Aslım
If you are having problems with the contentious protocols signed between the company partners in Antalya, you can apply to the expertise of Attorney Billur Güler Aslım. With her long years of experience and legal expertise, she will provide you with the most accurate and effective legal support. For detailed information and to make an appointment, you can visit our website or contact us through our contact information.
The validity of contested protocols signed between company partners in Antalya is a complex legal issue and each situation has its own characteristics. Therefore, it is extremely important to get legal advice from a lawyer who is an expert in this matter. Before signing a protocol with questionable validity, it is of great importance to get the opinion of a legal expert in order to prevent possible problems. Proper legal advice can provide significant savings in terms of both time and cost.