Creditor Default

A person wishing to perform an obligation may face the creditor's refusal to accept it without justification. The debtor merely saying they wanted to pay is insufficient. Proper tender, the creditor's conduct, and statutory options must be assessed together.

Proper Tender of Performance

Under Articles 106 et seq. of the Turkish Code of Obligations, tender must be examined for conformity with the subject, place, time, and amount owed. A creditor refusing incomplete delivery or unsuitable payment is not invariably in default. Failure to provide necessary preparation or cooperation may also matter. The conduct preventing performance must first be identified.

Deposit and Other Options

Where conditions are met, statutory options for deposit, sale, or termination may arise. Each has its own procedure and scope. Unilaterally keeping money in another account is not always a deposit discharging the debt. Custody, risk of deterioration, and necessary permissions must also be examined according to the case.

The Importance of Notices and Records

Rejected payments, delivery appointments, notarial notices, and responses must be retained. Debtor default must not be confused with creditor default. We first assess whether the tender was genuinely proper, then explain in writing available legal steps to discharge the debt or limit custody expenses.

Documents That May Be Prepared for the Initial Review

• Dated evidence of tender of performance
• Refusal of delivery or payment
• The contract and account record
• Custody and deposit documents

Submit Your Matter

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