Arabuluculuk Anlaşma Belgesi̇ni̇n Borçlar Hukuku Açisindan Değerlendi̇ri̇lmesi̇

Abstract

After the adoption of MCD, three separate precondition of lawsuits mediation was added to the Turkish Law. These regulations have increased the importance and prevalence of mediation in terms of Turkish Law. After the mediation activity, if an agreement is reached between the parties to the dispute, it is possible to issue a mediation settlement agreement document related to this agreement. Parties to mediation are free to determine the content of the mediation settlement agreement document. However, since this document is qualified as a contract in terms of the law of obligations, it must comply with the limits of the freedom of contract. Mediation settlement agreement document is signed by the parties and the mediator. In order to mention a valid mediation agreement document, it must be an agreement reached after the mediation activity and reflect the will of the parties. It is possible for the mediation settlement agreement document to be subject to trial on allegations of breach of contract, disability, defective will or forgery.

Ortakliğin Gi̇deri̇lmesi̇nde Dava Şarti Arabuluculuk

“…Bu nedenle sözleşmeler hukukunun genel ilkelerine tâbidir. Bu sözleşmenin esaslı unsurları, arabuluculuk sonucunda ulaşılması, tarafların anlaşması ve kanuni şekil şartlarına uyulmasıdır 179 . Anlaşma belgesi medeni usul hukuku bakımından, adi senet hükmünde olup kesin delil teşkil eder 180 .…”