Acceptance and Consequences of Partial Performance

Legal Article · 12 November 2026
Av. Thomas Andreas Di Constantinople

Partial performance provides only part of what is owed. Article 84 of the Turkish Code of Obligations allows a creditor to reject it where the entire obligation is determined and due. This limits the idea that a debtor can unilaterally divide every obligation into instalments.

First determine whether instalments or staged performance were agreed. Performance divided by both parties initially is not unilateral part performance in the same sense. Situations arising from statute, the transaction's nature, or special provisions must also be assessed separately from the general rule.

If the creditor accepts partial performance, the debtor cannot refuse to perform the portion acknowledged by them. Acceptance does not automatically release the balance or establish a new payment plan. Such a consequence requires separate proof of intention and any relevant transaction's conditions.

For monetary part payments, allocation among principal, interest, and expenses matters under Articles 100 et seq. of the Turkish Code of Obligations. Where several debts exist, identifying the debt paid is a further question. Payment explanations and receipts therefore help determine not merely amount but legal effect.

Legal Basis: Turkish Code of Obligations No. 6098, Articles 84 and 100–102. Official legislative text.

This article has been prepared for general legal information purposes.