Judicial principles and studies
Freedom of Evidence in Commercial Matters: Effects on Agreements, Murabaha and Lending
A concise summary outlining how the freedom of evidence in commercial matters affects contractual proof clauses, commercial debtors' liability, the scope of the Ottoman Murabaha regulation, and private lending rules.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
The provided points address how commercial law treats evidence, whether freedom of evidence is a matter of public order, the joint-and-several character of commercial obligations, the scope of the Ottoman Murabaha regulation, and how civil and banking rules affect interest agreements between individuals.
Summary
- Freedom of evidence in commercial matters is not public order; therefore, including a contractual clause that treats payments as provable only by a signed written receipt does not conflict with Article 51 of the Commercial Law. - Parties may agree that evidence in commercial transactions be confined to writing, which excludes oral testimony in line with that principle. - Article 53 of the Commercial Law considers co-debtors in a commercial obligation as solidarily liable; where a commercial relationship exists, the obligation is joint and several, and an appellate court may not raise that issue sua sponte if the defendants did not appeal it. - Compensatory interest differs from profits: it is an agreed return paid for the use of a monetary sum before its due date, reflecting compensation to the creditor. - Articles 588 and 590 apply only to partnership contracts. - The Ottoman Murabaha Regulation (1962) is treated as a law whose provisions are applicable as special law under Article 1448(2) of the Civil Code; Article 1 covers indebtedness between individuals beyond a simple loan contract. - Article 640 of the Civil Code voids any loan clause stipulating an extra benefit beyond the contract—except for formalizing the lender’s right—so agreements to charge interest between individuals fall under Article 640 and are not authorized by it. - Articles 2 and 4(a) of the Banking Law prohibit unlicensed individuals from lending at interest, as such activity is reserved for licensed banking operations regulated by the central bank. This is an educational summary only; it is not judicial text nor legal advice.
Practical significance
This is a general educational summary based on the points published in the official source. It does not replace the original material or a review by Ashraf Al-Khawaja before relying on it for any action.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.