Invalidity of the Penal Clause in the Invalid Contract
Within the scope of the entire file, the court found that the Real Estate Sales Promise Agreement for the sale of 3 pieces of real estate dated 14.02.2014 was issued in ordinary writing without complying with the formal form requirement specified in the mandatory provision of the law, the formal form requirement is a validity condition, contracts made without complying with the form provided for in this article of the Law will not be valid, the provisions related to the criminal condition contained in the invalid contract are also invalid, based on this, it was understood that the decision to dismiss the case on the grounds that the defendant was justified in objecting to the prosecution was ruled to be in accordance with the law (Court of Cassation 11. Department of Law-K.2021/5283).
The plaintiff’s attorney stated that the agreement on the sale of real estate belonging to the plaintiff was reached with the protocol of the Real Estate Pre-Sale Agreement signed between the parties on Dec. 16.09.2017, and the defendant signed the agreement 3.2. that the defendant company persistently refrained from fulfilling its performance despite all verbal warnings, whereupon the plaintiff terminated the contract based on the relevant provisions of the contract, and the defendant who caused the termination of the contract also failed to fulfill the condition contained in article 4 of the contract.
He claimed that he requested and sued for the collection of the criminal requirement in the amount of 500.000,00 TL contained in the article from the defendant. The defendant’s lawyer requested the dismissal of the case, stating that the contract for the sale of real estate with title deeds as of the date of sale is invalid legally because it has not been formally concluded, and the agreed criminal conditions are invalid because the sale transaction made on the basis of a legally invalid contract is completely invalid.
According to the trial conducted by the court and the evidence collected, it is lawful to decide to dismiss the case on the grounds that the penal clause is a legitimate right related to the original debt, the penal clauses in invalid contracts are also invalid, the parties cannot demand penal clauses from each other based on an ordinary written contract for real estate registered in the title deed, the contract dated 16.09.2017 relates to the sale of real estate, since it is not officially regulated as a condition of validity, the provisions related to the penal clause in this contract will also be invalid (Supreme Court 11. Department of Law – K.2021/2045).
The plaintiff’s lawyer claimed that the workplace purchased from the defendant was not delivered on the date stipulated in the contract according to the real estate sales promise agreement signed between the parties, it was decided in the contract that the defendant would pay a penalty condition if he did not deliver, the plaintiff should be compensated for the damage he suffered due to the late delivery, and requested and sued for the collection of a penalty condition of Dec. 150,000 TL.
The defendant’s lawyer requested the dismissal of the case by asserting that there was no defect caused by the defendant company in the late delivery of the workplace subject to the lawsuiThe plaintiff’s lawyer claimed that the workplace purchased from the defendant was not delivered on the date stipulated in the contract according to the real estate sales promise agreement signed between the parties, it was decided in the contract that the defendant would pay a penalty condition if he did not deliver, the plaintiff should be compensated for the damage he suffered due to the late delivery, and requested and sued for the collection of a penalty condition of Dec. 150,000 TL.
The defendant’s lawyer requested the dismissal of the case by asserting that there was no defect caused by the defendant company in the late delivery of the workplace subject to the lawsuit. The courThe court stated that a promise of sale of real estate contract was concluded between the parties, this contract ere.
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