e-book2013

LAW OF OBLIGATIONS

273

The Bailment Contract pursuant to the Turkish Code

of Obligations

Att. Ceyda Buyukoral

The bailment contract is regulated between Articles 561 and 580 of

the Turkish Code of Obligations No. 6098 (“TCO”).

A bailment contract is a contract in which the bailee undertakes to

keep a chattel entrusted to him by the bailor in a safe place.

The baileemay claim remuneration onlywhere this has been expressly

stipulated or was to be expected under the circumstances.

The bailor is obliged to reimburse the bailee for expenses incurred in

performance of the contract. Moreover, the bailor is liable to the bailee

for loss or damage caused by the bailment unless he can prove that such

loss or damage occurred through no fault of his own.

Obligations of the Bailee

Prohibition of Use

Pursuant to Article 563 TCO, the bailee may not use the deposited

chattel without the bailor’s consent. If the bailee acts in violation of this

prohibition, he must pay the bailor an adequate usage fee and is liable for

any chance occurrence, unless he can prove that such occurrence would

have affected the chattel even if he had not used it.

The Obligation to Return

The bailee is obliged to return the chattel upon the request of the

bailor, even where a fixed term was agreed for the bailment. However, the

bailor is obliged to pay the expenses incurred by the bailee.

The bailee may not return the bailed chattel before the expiry of the

stipulated term. However, the bailee may return the bailed chattel before

expiry of the stipulated term where unforeseen circumstances render

Article of August 2013