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The signature requirements pertain the legal or contractual requirements in order to make a legally effective declaration of intent or a legally binding contract.
Possibility to replace a specific formal requirement of making a binding declaration of intention
Contracts have no form requirement unless explicitly prescribed as per provision of law. Digital contracts can be regarded as valid contracts as long as they carry out the essential elements of a contract, which is the mutual and aligned expression of will. For certain agreements, however, a written or formal form is required, such as sale of immovable property, consumer loan agreements etc. For the fulfilment of written form, the contract must be signed by hand or through secured e-signature, while fulfilment of formal form requires the contract to be executed before a competent public body.
On the other hand, the contracts exceeding a certain value (TRY 6,640, for 2022), must be proved by deed to assert any rights before a court. Although “deed” is not defined under the Law on Civil Procedure (“LCP”), it is accepted that a deed is a written document that is signed to constitute evidence towards the signee. “Document” is defined under the LCP as “data such as written or printed text, promissory notes, drawings, plans, sketches, photographs, films, images or sound recordings, data in electronic media and similar information carriers that are suitable for proving the facts of dispute” and documents are accepted as prima facie evidence. Prima facie evidence are not sufficient to fulfil the requirement of proof by deed; however, in the presence of a prima facie evidence, proof by witness is allowed.
Presence of any specific formal requirements to effectively conclude a loan agreement
Consumer loan agreements must be in writing. Due to the rule of proof by deed, commercial loan agreements are also concluded in written form.
Process of conclusion of a contract by using a qualified electronic signature in practice
Secured e-signature, a special kind of e-signature specifications and requirements of which are defined under Turkish law, has the power of a written signature.
Legal consequences to a contract in case of not fulfilling formal requirements
Unless otherwise is specifically regulated under laws, failure to conclude the contract in the due form results in the invalidity of the contract.
Usual practice of signing contractual agreements in the B2B sector
B2B contracts are usually signed by hand due to avoid the risk arising from the rule of proof by deed.
Usual practice of signing contractual agreements in the B2C sector
B2C contracts are usually executed remotely or orally. As per the Law on Consumer Protection no. 6502, sales by instalments, consumer loans, subscription agreements, house financing and any agreements made outside the workplace of the seller must be concluded in written form.