Partial Performance

A debtor paying only part of a claim requires careful recording of the remaining debt and other rights. Whether the creditor must accept part payment and how it is allocated are separate questions. The account must be clear, particularly where principal, interest, and expenses coexist.

Duty to Accept and Exceptions

Article 84 of the Turkish Code of Obligations provides the general rule on partial performance. Where the whole debt is determined and due, the creditor may reject partial performance subject to the conditions; the undisputed portion may be assessed differently. Contractual instalments and special provisions must also be considered. On accepting part payment, unclear wording suggesting waiver of the balance should be avoided.

Which Debt Receives the Payment?

Where several debts or interest and expense items exist, allocation rules must be examined. The debtor's transfer explanation, creditor's receipt, and earlier agreement matter. The account table must show not merely money received but the date and debt to which it was applied. An account-closed entry may create a dispute broader than the intended partial collection.

The Remaining Claim and Time Limits

The effects of part payment as acknowledgment or interruption of limitation depend on concrete records. If enforcement continues, collection must be notified to the relevant file and the balance updated. We review the payment account, reserved claims, and subsequent recovery stages together.

Documents That May Be Prepared for the Initial Review

• Partial-payment transfer receipts
• A debt and interest breakdown
• Receipts and reconciliations
• Enforcement collection records

Submit Your Matter

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