Etilmasligi

Etilmasligi is a concept in Turkish law that refers to the principle of non-enforceability of certain contracts or agreements. The term is derived from the Turkish phrase "etilmesi yasak," which translates to "it is forbidden to be made." This principle is rooted in the idea that certain agreements are so unfair or against public policy that they should not be enforced by the courts.

The concept of etilmasligi is not explicitly defined in Turkish law, but it has been interpreted and applied by the courts based on the principles of good faith, fairness, and public policy. Some common examples of agreements that may be considered etilmasligi include:

1. Agreements that involve bribery or corruption.

2. Agreements that violate public morals or good customs.

3. Agreements that are against the public interest or public policy.

4. Agreements that are unconscionable or oppressive.

The application of etilmasligi is not limited to contracts; it can also be applied to other legal relationships, such as wills, trusts, and partnerships. The courts will consider the specific circumstances of each case to determine whether an agreement is etilmasligi and, therefore, non-enforceable.