GENERAL RESULTS
1) SAME PERFORMANCE AND DELAY COMPENSATION
The creditor, who still has an interest in the performance of the debt, asks the debtor to perform the same and to compensate for the loss incurred due to the late performance of the debt. Unless the defaulting debtor proves that he is not at fault in default, he is obliged to compensate the damage suffered by the creditor due to the late performance of the debt. (Turkish Code of Obligations Art.118)
2) LIABILITY FOR THE UNEXPECTED CONDITION
The debtor in default is liable for the damage that may arise due to the unexpected situation (Turkish Code of Obligations Art.119/1). The debtor can avoid this liability by proving that he has no fault in default or that even if he has fulfilled the debt on time, the damage would have occurred. (Turkish Code of Obligations Art.119/2)
CONCLUSIONS ON MONEY LIABILITIES
1) DEFAULT INTEREST:
Even if the creditor has not suffered any loss, he may demand compensation for the loss incurred due to the deprivation of money during the default period. Unlike late compensation, the default interest does not require a fault condition. In case of default, the debtor is liable to pay the default interest whether it is faulty or not.
2) EXTREME LOSS (CONTINUOUS LOSS):
If the creditor suffers a loss exceeding the default interest, the debtor is obliged to compensate this loss unless he proves that he has no faults (Turkish Code of Obligations Art.122/I). If the amount of loss exceeding the default interest can be determined in the pending case, upon the request of the plaintiff, the judge will also decide on the amount of this loss while deciding on the merits (Turkish Code of Obligations Art.122/II).
CONCLUSIONS ON CONTINUOUS CONTRACTS
In case of default of the debtor, the creditor may demand the same performance and delay compensation as well as request compensation for the losses incurred due to the premature termination of the contract by terminating the contract (Turkish Code of Obligations Art.126).
SPECIAL CONCLUSIONS REGARDING MUTUAL LIABILITY AGREEMENTS (OPTIONAL RIGHTS)
1) SAME PERFORMANCE AND DELAY COMPENSATION:
If the defaulting debtor does not perform his debt within the given period or if there is a situation that does not require a deadline, the creditor can always request the performance of the debt exactly and compensation for the loss incurred due to delay. (Turkish Code of Obligations m.125/I).
2) REJECTION FOR PERFORMANCE AND POSITIVE DAMAGES:
The creditor may request compensation for the loss arising from the non-performance of the debt by immediately notifying that he has waived his right to demand full performance and delay compensation. (Turkish Code of Obligations m.125/II)
3) RETURN OF THE AGREEMENT AND COMPENSATION FOR NEGATIVE DAMAGES:
The creditor may withdraw from the contract. In case of reneging from the contract, the parties are mutually relieved of their obligation to perform and may demand back their previous performances. In this case, if the debtor cannot prove that he is not at fault in default, the creditor may also request the compensation of the damage suffered due to the invalidity of the contract (Turkish Code of Obligations m.125/III).
• The creditor must promptly notify the debtor at the end of an appropriate period which of the optional rights he will use in the Turkish Code of Obligations Article 125. Otherwise, the creditor wants the same performance and delay compensation in ordinary works; In certain term and commercial sales, unless otherwise stated, it is accepted that he refuses to perform exactly and wants to be compensated for the positive loss.
