Glossary
Search a term and see its short definition, legal basis and related decisions.
- GLOSSARY4734Tender Process Disputes03 July 2025
Store
The place where movable property belonging to contracting authorities is kept until it is issued for use or when it is returned from use. A virtual store is a store created so that movable property within a facility may be tracked in electronic form only.
- GLOSSARY4734Tender Process Disputes03 July 2025
Offence of Misconduct in Public Office
One of the offences relating to public employees. Save in the cases separately defined as offences by statute, a public official who, by acting contrary to the requirements of their office, causes harm to persons or loss to the public purse, or confers an unfair advantage on persons, commits the offence of misconduct in public office. Likewise, save in the cases defined as offences by statute, a…
- GLOSSARY4734Tender Process Disputes03 July 2025
Offence of Bribery
A person who, directly or through intermediaries, provides an advantage to a public official or to another person indicated by that official so that the official will do or refrain from doing an act connected with the performance of their duties, and a public official who, directly or through intermediaries, obtains an advantage for themselves or for another person indicated by them for the same…
- GLOSSARY4734Tender Process Disputes03 July 2025
Entrusted Property and the Offence of Embezzlement
Entrusted property means movable or immovable property lent by public and private organisations to designated persons for return or for use within specified rules. For example, placing the flour in a bread factory's depot under a person's responsibility creates such a responsibility. The offence of embezzlement is committed where a person responsible for safekeeping or proper expenditure fails to…
- GLOSSARY4734Tender Process Disputes30 June 2025
What Is a Formal Notice?
In legal transactions, documents prepared so that the claims of the sender against the addressee in respect of rights and debts, generally specifying a period, place and form of performance, may be made in writing and with strong evidential value through a lawyer or a notary. As sending a formal notice is the first step in placing the debtor in default, it is important that the document be drawn…
- GLOSSARY4734Tender Process Disputes30 June 2025
The Importance of Timing in Placing the Other Party in Default
Under Article 117 of the Turkish Code of Obligations No. 6098, the debtor of a debt that has fallen due is placed in default by the creditor's notice. In unjust enrichment the debtor is in default from the date of the enrichment, and in tort from the date on which the act occurred. In unjust enrichment without bad faith, notice is required for default. In order to establish beyond doubt that…
- GLOSSARY4734Tender Process Disputes30 June 2025
Placing a Contracting Authority in Default
Default means delay in the performance of a debt, that is, the debtor's persistence in not paying or the creditor's persistence in not accepting payment. Neither Public Procurement Law No. 4734, nor Public Procurement Contracts Law No. 4735, nor the General Specifications for Works contains any provision on default by the contracting authority. Accordingly, by the reference in Article 36 of the…
- GLOSSARY4735Contract Disputes30 June 2025
Proceedings for a Debt Arising from Non-Payment for Work Carried Out Outside the Contract
In public procurement contracts the contractor's responsibility is as a rule limited to the works stated in the contract. Where situations that could not be foreseen arise by reason of the nature of the work, Article 24 of Public Procurement Contracts Law No. 4735 permits an increase in the scope of work at the rates laid down, provided the additional work remains within the project underlying…
- GLOSSARY4734Tender Process Disputes30 June 2025
Stay of Execution
Where there is a risk of irreparable loss arising for the parties concerned if an act carried out by the administration is implemented, or where the administrative act is manifestly unlawful, the Council of State or the administrative courts order a stay of execution of that act. As a rule, security must be provided for a stay of execution to be ordered, although a stay may also be ordered…
- GLOSSARY4734Tender Process Disputes30 June 2025
Proceedings for Compensation of Negative and/or Positive Damages Between Two Tenders
Negative damages are the loss arising where a contract concluded between the parties does not come to fruition. Where the contractor fails to perform the obligation undertaken in the contract, the contracting authority may lawfully terminate it. Following termination, a fresh tender must be held to meet the public requirement subject to the tender and the contract. In that event, loss may arise…
- GLOSSARY4734Tender Process Disputes30 June 2025
Proceedings for the Determination of Negative Damages
Negative damages are the loss arising where a contract concluded between the parties does not come to fruition. Negative damages include the costs necessary for concluding the contract, court fees and costs, postal costs, notary fees, expenditure incurred for the performance of the contract, loss arising during its performance, and loss arising from other contracts forgone in reliance on the…
- GLOSSARY4734Tender Process Disputes30 June 2025
Proceedings for Restitution
Proceedings by which persons against whom enforcement proceedings have been commenced may claim the return of a payment made, where they did not object to the proceedings within the period or their objections were set aside by the court, and they paid a debt for which they were not liable while under the threat of enforcement. Such proceedings must be brought within a mandatory period of one year…
- GLOSSARY4734Tender Process Disputes30 June 2025
Declaratory Proceedings
Proceedings brought under Article 106 of the Code of Civil Procedure for the court to determine the existence of a right or legal relationship, or whether a document is forged, subject to the condition, unlike other proceedings and save in the exceptional cases provided for by statute, that the claimant has a current legally protected interest and maintains that interest until the proceedings are…
- GLOSSARY4734Tender Process Disputes30 June 2025
Interim Injunction
Where, in order to secure or recover property or a right, there is a risk of a change occurring before or during proceedings that would make obtaining that property or right substantially more difficult or wholly impossible, or where delay in recovery would give rise to an inconvenience or serious loss, an interim injunction relating to the property or right in dispute may be ordered. It is…
- GLOSSARY4734Tender Process Disputes30 June 2025
Proceedings for a Debt
Proceedings brought by a creditor to recover a debt arising from the performance of work, a contract, a tort, unjust enrichment or statute, where that debt is not discharged. Where the amount of the debt is ascertainable, the whole or part of it may be claimed. Where it is not ascertainable, the court must first determine the amount by means of an expert report and give judgment for the recovery…
- GLOSSARY4735Contract Disputes30 June 2025
Proceedings for a Debt Following the Unjustified Termination of a Public Procurement Contract
Public procurement contracts are terminated on grounds such as the death, bankruptcy, serious illness, detention or conviction of the contractor, termination by the contractor, termination by the contracting authority, prohibited acts or conduct occurring before the contract, or force majeure. Where the contractor is found to have engaged in the prohibited acts and conduct listed in Article 25 of…
- GLOSSARY4734Tender Process Disputes30 June 2025
Proceedings for the Annulment of an Administrative Act Other Than in Tendered Works
Proceedings that must be brought before the competent administrative courts by persons whose interests are infringed because an administrative act is unlawful in one or more of its aspects of competence, form, cause, subject matter and purpose, provided they have a legal interest, seeking the annulment of that act, as a rule within a mandatory period of sixty days save in the exceptional cases…
- GLOSSARY4734Tender Process Disputes30 June 2025
Proceedings for the Annulment of the Cancellation of a Tender
Under Law No. 4734, contracting authorities may, during the tender process, cancel the tender by rejecting all tenders submitted upon the decision of the tender commission, or without any complaint or appeal having been made, or contrary to the decision given upon an appeal. In addition, upon appeals lodged with the Public Procurement Authority, the cancellation of a tender, or the annulment of a…
- GLOSSARY4734Debarment and Defence30 June 2025
Proceedings for the Annulment of a Debarment Decision
Article 58 of Law No. 4734 provides that a debarment decision is to be issued in respect of tenderers found to have engaged in the prohibited acts or conduct set out in Article 17 during the tender process, and those who fail to conclude a contract in due form other than in cases of force majeure. Contracting authorities may, however, through assessments contrary to that provision, cause…
- GLOSSARY4734Tender Process Disputes28 November 2024
Production Line Qualification
The demonstration by the contractor receiving the order, in order to minimise the risk of defective production, that it is adequate and suitable in terms of the personnel, materials, parts, tools, apparatus, gauges, production processes, testing facilities, storage and dispatch capability and production capacity used in producing the product whose technical details are given in the specifications.