Glossary
Search a term and see its short definition, legal basis and related decisions.
- GLOSSARY4735Contract Disputes29 September 2025
Closing of the Final Account (Works)
The procedures for definitively establishing the contractor's claims or debts following the completion, termination or liquidation of the work under a public procurement contract. The calculation is made having regard to all progress payments made during the works process, the manufacture carried out, increases or reductions in the scope of work, price differences and the other payment items in…
- GLOSSARY4734Tender Process Disputes29 September 2025
Miscellaneous Costs
The small costs that must be taken into account in calculating the estimated cost of works, that cannot be foreseen but may arise during the performance of the work. These costs are generally calculated by contracting authorities at 5% of the estimated cost.
- GLOSSARY4734Tender Process Disputes29 September 2025
Change of Type
In public tenders, where a commercial undertaking or a capital company participates in a tender after changing its type, the provisions of the Turkish Commercial Code apply. A change of type by a capital company is treated as falling within the provision of that Code that the company converted into the new type is the continuation of the former one. The work experience certificates of the former…
- GLOSSARY4734Tender Process Disputes22 September 2025
MEDULA
MEDULA is the information system developed by the Social Security Institution enabling health service providers, such as hospitals, pharmacies, opticians and dialysis centres, to carry out invoicing and authorisation transactions with the Institution electronically. It is referred to in the tender documents of public procurements of health materials. The medicines and medical materials subject to…
- GLOSSARY4734Tender Process Disputes22 September 2025
Health Implementation Communiqué
The abbreviation of the Health Implementation Communiqué. This communiqué, published by the Social Security Institution, contains the provisions determining the reimbursement rules for health services. It is updated and published each year, governing which medicines, medical devices, treatments and procedures will be reimbursed by the Institution and on what conditions. In tender procedures, it…
- GLOSSARY4734Tender Process Disputes22 September 2025
Product Tracking System
The abbreviation of the Product Tracking System, operated by the Ministry of Health and the Turkish Medicines and Medical Devices Agency. It is the national tracking and registration system used to record the production, importation, distribution and use of medical devices and cosmetic products placed on the market. It provides quality standards, transparency, product safety and traceability in…
- GLOSSARY4734Tender Process Disputes22 September 2025
TITUBB
The abbreviation of the Turkish National Databank for Medicines and Medical Devices. Until 2017 it was used as a database and registration system established by the Ministry of Health. It was subsequently replaced by the Product Tracking System. In public procurements in the health sector, such as procurements of medicines and medical devices, registration with TITUBB was made compulsory and was…
- GLOSSARY4734Tender Process Disputes19 September 2025
Impossibility of Performance
Under the Turkish Code of Obligations, impossibility of performance is the extinction of an obligation because its performance has become impossible for reasons for which the debtor cannot be held responsible. Partial impossibility is where performance becomes partly impossible for such reasons. In that case the debtor is released only from the part that has become impossible. However, where it…
- GLOSSARY4734Tender Process Disputes19 September 2025
Damages for Delay
The obligation of a debtor in default to make good the loss suffered by the creditor by reason of late performance, unless the debtor proves that it was not at fault in falling into default. Where the debtor in default has not paid the debt within the period given, or where the situation does not require a period to be given, the creditor is entitled to claim performance of the debt and…
- GLOSSARY4734Tender Process Disputes19 September 2025
Where the Time of Performance or the Last Day of a Period Falls on a Holiday
Where the time of performance or the last day of a period falls on a day recognised as a holiday by law, it passes automatically to the first following day that is not a holiday. Where a period has been extended, the new period begins, unless otherwise agreed, on the first day following the expiry of the previous period.
- GLOSSARY4734Tender Process Disputes19 September 2025
Unjust Enrichment
Under the Turkish Code of Obligations, unjust enrichment is the obligation of a person enriched without just cause at the expense of another's property or labour to restore that enrichment. In public procurement, it arises where, in the tender, contract, progress payment, price difference, increase or reduction in the scope of work, termination, liquidation, security, inspection and acceptance or…
- GLOSSARY4734Tender Process Disputes19 September 2025
Joint and Several Liability
Under the Turkish Code of Obligations, where several persons together cause a loss, or are liable for the same loss on different grounds, the provisions on joint and several liability apply to them. In apportioning the compensation among joint and several debtors liable for the same loss, all the circumstances are taken into account, in particular the gravity of the fault attributable to each and…
- GLOSSARY4734Tender Process Disputes19 September 2025
Unfair Competition
Under the Turkish Code of Obligations, unfair competition is the entitlement of a person whose customers diminish, or who faces the risk of losing them, by reason of the dissemination of untrue reports, the publication of such advertisements, or other conduct contrary to the rules of good faith, to require that such conduct cease and, where there is fault, to claim compensation for the loss.
- GLOSSARY4734Tender Process Disputes19 September 2025
Non-Pecuniary Damages
Under the Turkish Code of Obligations, where a person's bodily integrity is impaired, the judge may, having regard to the particular circumstances of the case, order the payment of an appropriate sum to the injured party as non-pecuniary damages. In the event of serious bodily injury or death, the payment of an appropriate sum as non-pecuniary damages may also be ordered in favour of the injured…
- GLOSSARY4734Tender Process Disputes19 September 2025
Obligations Arising from Torts
Under the Turkish Code of Obligations, a person who causes loss to another by a wrongful and unlawful act is required to make good that loss. The injured party bears the burden of proving the loss and the fault of the person causing it. Where the amount of the loss cannot be proved exactly, the judge determines it equitably, having regard to the ordinary course of events and the measures taken by…
- GLOSSARY4734Tender Process Disputes19 September 2025
Absolute Nullity
Under the Turkish Code of Obligations, absolute nullity means that contracts contrary to the mandatory provisions of the law, to morality, to public order or to personal rights, or whose subject matter is impossible, are of no effect. The nullity of some of the provisions contained in a contract does not affect the validity of the others. However, where it is clear that the contract would not…
- GLOSSARY4734Tender Process Disputes04 September 2025
Electronic Form
The electronic forms used in public procurement processes.
- GLOSSARY4734Tender Process Disputes04 September 2025
Direct Procurement Registration Number
The registration number assigned to a direct procurement.
- GLOSSARY4734Tender Process Disputes03 July 2025
Spending Unit and Spending Officer
The spending unit is the central unit to which an appropriation is allocated in the budget of a public administration and which has spending authority, together with the unit outside the centre to which spending authority is given by an appropriation transfer document. The spending officer is the most senior manager of the spending unit.
- GLOSSARY4734Tender Process Disputes03 July 2025
Fixture
Movable property acquired for the purpose of allocation to a particular service, capable of being used over a long period without being subject to a fixed term and not consumed by use, whose categories and code numbers are shown in the Movable Property Code List.