Conditions of Debtor Default

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

Debtor default is failure to perform a possible and due obligation on time. Article 117 of the Turkish Code of Obligations generally requires creditor notice. It must sufficiently clearly demand performance; not every reference to the debt qualifies.

Statute sometimes requires no notice. If the parties jointly fixed the day, or it was properly fixed by notice under a reserved power, expiry may suffice. Article 117 also contains special commencement rules for tort and unjust enrichment, while preserving notification for a good-faith recipient.

Default arising and liability for delay loss require different assessments. Under Article 118 of the Turkish Code of Obligations, the debtor may escape delay damages by proving absence of fault in entering default. Monetary default interest does not require the same proof of loss and fault, subject to special provisions.

In reciprocal contracts, withdrawal or abandoning performance depends on Articles 123–125 of the Turkish Code of Obligations. Suitable additional time and exceptions must be examined separately. Maturity passing alone does not permit unconditional exercise of every alternative right.

Legal Basis: Turkish Code of Obligations No. 6098, Articles 117–126. Official legislative text.

This article has been prepared for general legal information purposes.