Tasarruf Finansman Sözleşmesi̇

The savings financing contract was granted a statutory basis in 2021 through its incorporation into Law No. 6361 by Law No. 7292. Prior to this date, it had been practiced since the 1990s as an unnamed contract in legal practice. This contract is based on a system resembling traditional collective savings arrangements and aims at obtaining financing in return for saving. Savings financing companies, which provide a financial instrument distinct from conventional banking activities, were brought under regulatory supervision following this legislative development, and the savings financing contract consequently acquired the character of a named (typical) contract. Although some views in the doctrine argue that the existing regulations are insufficient and therefore the contract should not be regarded as a named contract, this study explains, with supporting reasons, why the savings financing contract should be considered as such. The savings financing contract is a bilateral contract imposing obligations on both parties, characterized by continuous performance, consensual formation, and a formal requirement. The rights and obligations of the parties are derived not only from the statutory definition and the provisions of the relevant Regulation but must also be assessed in light of contractual terms agreed between the savings financing company and the customer in accordance with the principle of freedom of contract. By its subject matter, the savings financing contract concerns the provision of financing for the acquisition of housing, roofed workplaces, or motor vehicles. In this respect, its scope has been narrowed compared to its pre-statutory form. Furthermore, limitations regarding the provision of financing are set out in the Regulation. A dual structure has been envisaged in the form of a customer-based system and a groupbased (lottery-based) system. However, since this dual structure does not affect the functioning or legal nature of the contract, both types are examined together without a strict distinction. This study also refers, where relevant, to the German building savings fund contracts that were taken into consideration during the legislative process concerning savings financing. Although German building savings funds operate on an interest-based system, they function on a savings logic and may therefore provide comparative insight into the savings financing system in Türkiye. Accordingly, relevant sections include a comparative analysis to distinguish the differences between the two systems. In the first chapter of this study, the fundamental concepts and characteristics of savings financing activities, their comparison with similar systems, and the development of such activities both globally and in Türkiye are examined. The second chapter addresses the savings financing contract in general, focusing on its definition, formation, parties, elements, subject matter, legal nature and form. The third chapter analyXVII zes the legal effects of the contract and seeks to identify the obligations of the parties. In the fourth and final chapter, the consequences of non-performance, the termination of the contract, and procedural aspects are examined, and the study concludes with a general evaluation.