The intentional deception of a contracting party in order to induce them to conclude a contract they would not otherwise have made.
All termsUnder Turkish law, fraudulent misrepresentation (aldatma) occurs when one party intentionally deceives the other to induce the conclusion of a contract. The deceived party is not bound even if the resulting error was not material; the law treats deliberate deception more severely than a simple mistake.
Deception may consist of providing false information or of knowingly concealing facts that ought to have been disclosed. Hiding a vehicle's severe accident record or presenting forged turnover figures for a business are typical examples. Where the deception comes from a third party, the contract can be avoided only if the other contracting party knew or should have known of it.
The right of avoidance must be exercised within the statutory period. Even a deceived party who chooses to keep the contract alive may still claim compensation for the loss caused by the deception.
Dolandırıcılık ile karıştırılmamalıdır: dolandırıcılık cezai bir suçtur, aldatma ise özel hukukta sözleşmenin iptaline ve tazminata yol açan irade sakatlığıdır.
The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.
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