Sahin Sengul, E 
ORCID: 0000-0002-4741-2171 and Celt, D.O
(2019)
'Sözleşmenin yorumlanması meselesine Türk ve İngiliz hukuklarının farklı yaklaşımı = Differences between the approaches to contract interpretation in Turkish and English law.'
Legal Hukuk Dergisi = Legal Journal of Law, 194.
pp. 697-745.
Abstract
Contract interpretation is one of the most elusive and controversial issues in contract law. In that regard, this article firstly considers the question of when the declaration of will (intention) will be acquired, and issues relating to the interpretation of the declaration and the contract interpretation in light of the trust theory in Turkish law. This article then examines literal, subjective and objective approaches to the interpretation of contracts by taking the approaches adopted in Swiss and German laws into account and subsequently outlines the main approach applied in Turkish contract law. After this, the article discusses the prevailing interpretation method in English contract law, which differs from that of Turkish law, and explains how this different approach to contract interpretation affects the result arrived at in English law. The last part of this article spells out similarities and differences between the approaches to contract interpretation in Turkish and English law, and argues that there is a need for a change in the approach to contract interpretation in English law.
| Item Type: | Article |
|---|---|
| Keywords: | the declaration of will (intention), interpretation of the declaration, the trust theory, the interpretation of contracts, literal, subjective and objective approaches to contract interpretation |
| Subjects: | K Law > K Law (General) |
| Divisions: | Bath Business School |
| Date Deposited: | 22 Oct 2026 17:12 |
| Last Modified: | 22 Oct 2026 17:12 |
| ISSN: | 2149-4231 |
| URN: | https://researchspace.bathspa.ac.uk/id/eprint/16679 |
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