Legal Character of Performance

1- Contract Theory: Performance is a contract in terms of its legal nature. The practical consequence of this view is that the person performing must have contractual capacity. As a rule, it must be fully licensed. A person who is not fully qualified will not be able to perform the debt.

2- Material Verb Theory: Performance is a material action in terms of its nature. Since there is no contract or legal action, it will not be required for the person to have contractual capacity or full capacity to perform.

3- The Bounded Contract Theory: It is a conciliatory theory and it is the theory that dominates the doctrine. In this theory, a distinction is made when explaining the legal nature of performance. Accordingly, if the agreement of the parties, that is, a legal transaction, is needed for the performance of the debt, the performance is a contract in terms of its nature. As a result, according to this theory, the person who will perform must be fully competent. This does not create a change in the entitlement status. Savings must be made after the contract is concluded.

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