Article 33 MÖHUK – Manner of performance and measures
Article 33 of Turkish Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) is a short provision on the manner of performance (ifanın gerçekleştirilme biçimi) and on measures to protect goods. Whatever law governs the contract, regard is had to the law of the country where acts of performance are carried out or protective measures are taken. This matters when the law governing the contract and the country where delivery actually takes place are different.
Article 33 MÖHUK – text
Unofficial translation:
Manner of performance and measures
Article 33 – (1) With regard to acts and transactions carried out in the course of performance and to measures for the protection of goods, regard shall be had to the law of the country in which those acts or transactions are carried out or the measure is taken.
Turkish original:
İfanın gerçekleştirilme biçimi ve tedbirler
MADDE 33 – (1) İfa sırasında gerçekleştirilen fiil ve işlemler ile malların korunmasına ilişkin tedbirler konusunda bu işlem veya fiillerin yapıldığı veya tedbirin alındığı ülke hukuku dikkate alınır.
The current text in the UYAP Mevzuat system shows no amendment to this article (as of November 2026).
Legislative reasoning
According to the reasoning of the draft law, the article is new; the former law had no equivalent. If disputes about the manner of performance, the inspection and supervision of goods and measures to protect them were resolved solely under the law governing the contract, differences between the country of that law and the country where performance actually takes place could lead to conflicts. The reasoning stresses that the law of the place of performance does not displace the law governing the contract; it is taken into account alongside it to remove such conflicts.
Explanation
The wording is “regard shall be had” (dikkate alınır), not “shall apply”. The law governing the contract is determined under Articles 24 et seq. MÖHUK and stays the same; the court applies it while keeping the rules at the place of performance in view. The Law gives no test for how far those rules are to be taken into account; the court decides this case by case.
Two groups are covered: acts and transactions in the course of performance (according to the reasoning, the manner of performance and the inspection and supervision of goods) and measures to protect goods. The Law gives no examples. In the author’s assessment, the days and hours on which delivery can be made, how goods are inspected on receipt, or the storage of goods that the buyer does not take over are the kind of matters covered.
Article 33 differs from Article 31 MÖHUK. Article 31 allows effect to be given to overriding mandatory rules of a third country closely connected with the contract; Article 33 concerns only the practical side of performance.
What this means if you live abroad
If you have made a sale under German or Dutch law with a buyer in Turkey and the goods are handed over in Turkey, the contract is still governed by the law you agreed. On how the handover takes place or how goods that are not taken over are to be protected, however, a Turkish court may take the rules in Turkey into account. How the governing law is determined is explained in Article 24 MÖHUK – Choice of law in contracts; for other contract topics, see commercial and contract law.
Frequently asked questions
Does Turkish law apply if the goods are delivered in Turkey?
Not for that reason alone. The law governing the contract is determined under Articles 24–29 MÖHUK. Article 33 makes sure that Turkish law is taken into account for acts of performance and protective measures; it does not change the law governing the contract.
What is the difference between “taking into account” and “applying” a law?
The applied law decides the dispute. The law taken into account is a factor the court considers when applying that law; according to the reasoning, the aim is to avoid conflicts between the two legal systems.
Sources
Questions about your case
If, under a contract governed by another country’s law, there is a dispute about handing over goods in Turkey, inspecting them or protecting goods that were not taken over, and you would like to know which rules a Turkish court would take into account, you can book a video call, a phone call or a meeting in Düsseldorf on the appointment page, or send a written question through the contact form. Consultations are held in Turkish and cover Turkish law only (§ 206 BRAO); for the position under German or Dutch law, please consult a lawyer admitted there. It helps to have the contract, the correspondence about the place of delivery and the delivery documents at hand.