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Obligations LawWhat is Collusion?

Collusion is a term used in Turkish Law and refers to the situation of creating a legal result by making a transaction between two parties that does not exist in reality. Collusion is the presentation of a transaction in the form of a transaction different from the essence and real intention of the transaction. This transaction is done in order to conceal the real intentions of the parties or not to comply with the law.

Collusion occurs when the parties come together and draw up official documents. However, in cases where the real intentions of the parties to the transaction are different, their real intentions may turn into practices that are legally unacceptable.

Collusion occurs especially in indebtedness relationships. For example, collusion may be mentioned in cases where a debtor sells a good or service to another person in order not to pay the debt, followed by the sale of this good or service to another person by the same debtor, and thus the debt is not paid.

The legal consequences of collusive transactions depend on the true intentions of the parties to the transaction. If the collusive transaction is inconsistent with the true intentions of the parties, the transaction is deemed to be unlawful and the transaction is deemed not to have taken place.

Collusion is considered as a very serious offence in our legal system. Therefore, the party facing collusion has the right to legal protection. The party subjected to collusion may request the cancellation of this transaction and the protection of its rights through legal means.

As a result, collusion refers to the situation of creating a legal result by making a transaction that does not exist in reality. Collusion arises especially in the relations of indebtedness and gives rise to legal consequences depending on the real intentions of the parties to the transaction. Collusion is considered a serious offence in our legal system and the party who is subjected to collusion has the right to legal protection.

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