Place of Performance

Obligations and Debt Claims
Prepared by: Constantinople
Debt Claims
Where an obligation must be performed can directly affect payment and delivery disputes. The agreed place and supplementary statutory rules must be examined together. Place of performance differs from court competence or a service address; each follows its own rules.
The Agreed Place and Nature of the Obligation
Under Article 89 of the Turkish Code of Obligations, the parties' express or implied agreement is assessed first. Without agreement, different supplementary rules govern monetary obligations, delivery of a specific thing, and other obligations. Delivery and payment accounts need not be in the same place. Contract-specific provisions on dispatch, delivery to a carrier, and actual receipt must also be examined.
Changed Location and Additional Expenses
An address change, transport or payment costs, or refusal to accept may raise new issues. Whether a later address notice changes the contract must be assessed. Delivery to the wrong place cannot be treated as proper performance solely because a dispatch record exists. For performance abroad, customs, carriage, and applicable-law terms may also matter.
How Is Tender Documented?
Delivery appointments, notified bank accounts, dispatch documents, and refusal records must be retained together. A dispute over place may affect default or expense claims. We compare the contract and actual delivery chain, examining how proper tender may be made and the consequences of earlier actions.
Documents That May Be Prepared for the Initial Review
- Delivery and payment place clauses
- Address-change notices
- Dispatch and delivery reports
- Bank and transport expense records
File review and representation are paid services. Scope and fees are agreed in writing before work begins.
Legal Grounds
Turkish Code of Obligations, Article 89
Last content review: 11 November 2026.