Breach of an Obligation

Complete or improper non-performance of a contractual obligation may create different claim options. Late payment, incomplete delivery, and defective service are not all resolved by the same rule. The obligation breached, the other party's liability, and the result you seek must be identified.

The Type and Basis of Breach

Articles 112 et seq. of the Turkish Code of Obligations regulate general consequences of breach. Possibility of performance, delay, defects, and breaches of ancillary duties must be distinguished. Special rules for the contract type may apply before or together with general rules. A no-fault defence and exclusion clause must also be assessed with the whole text.

How Are Claim Options Distinguished?

Specific performance, remedying defects, compensation, and withdrawal are not chosen interchangeably at random. Some rights require additional time or notice. The same loss must not be claimed twice under different headings. The election made, earlier notices, and conduct accepting performance may affect later claims.

Review of the Particular File

The undertaking, actual performance, notices, and heads of loss must be compared. Any part of delay or deficiency caused by you also enters the assessment. Taking the other party's defence into account, we identify documentary support for each claim, further examination required, and pre-action steps. Later changes must also be compared with the original contract.

Documents That May Be Prepared for the Initial Review

• The contractual obligation list
• Performance and delivery documents
• Notices
• Loss and expense records

Submit Your Matter

File review and representation are paid services. Scope and fees are agreed in writing before work begins.