Improper and Defective Performance

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

Defective performance occurs where performance is provided but the promised quality or scope is absent. Incomplete delivery, products lacking agreed characteristics, or work breaching care duties may raise different issues. Physical delivery does not invariably establish proper performance.

First identify contractual duties. Then examine whether breach concerns quantity, quality, timing, or ancillary duties. Failure of the result expected by one party is not a breach without identifying the agreed performance and care standard.

Article 112 of the Turkish Code of Obligations provides the general liability framework, but special sale, work, lease, or mandate provisions must be considered first. Some contracts have separate requirements for inspection, notice, remedy, price reduction, or withdrawal. Relying on a general provision does not invariably disapply those special rules.

Acceptance does not automatically waive all rights. Its scope, reservations, and statutory consequences depend on contract type. The applicable sanction therefore depends not only on breach but on relevant special provisions and timely exercise of rights.

Legal Basis: Turkish Code of Obligations No. 6098, Articles 112 and 114; special provisions according to contract type. Official legislative text.

This article has been prepared for general legal information purposes.