Conditions and Consequences of Withdrawal from a Contract

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

Withdrawal is a formative right ending the contractual bond under statutory or contractual authority. A mere change of mind does not permit withdrawal from every contract. For debtor default, Articles 123–125 of the Turkish Code of Obligations and relevant contract-specific rules are decisive.

A debtor in default under a reciprocal contract generally receives suitable additional time. Situations under Article 124, including conduct showing time would be futile, performance becoming useless, or a fixed-date transaction, may remove that requirement. The exception must be established through the circumstances.

Withdrawal is an election differing from insisting on performance and delay compensation. Under Article 125 of the Turkish Code of Obligations, parties are released from reciprocal duties and may recover earlier performances. If the debtor cannot prove absence of fault in default, loss caused by the contract becoming ineffective may also arise.

For continuing contracts whose performance has begun, Article 126 of the Turkish Code of Obligations provides separate termination consequences. Casual interchange of withdrawal and termination may produce errors about restitution and timing. The right's source, notification, additional time, and performance structure must be assessed together.

Legal Basis: Turkish Code of Obligations No. 6098, Articles 123–126. Official legislative text.

This article has been prepared for general legal information purposes.