Place of Performance in Obligation Relationships

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

The place of performance identifies where an obligation must legally be fulfilled. Article 89 of the Turkish Code of Obligations prioritises express or implied intention. Contractual delivery addresses, payment places, or work locations require assessment of their scope. Not every address entry automatically fixes the place for every obligation.

Unless otherwise agreed, monetary debts are performed at the creditor's domicile at payment time. Specific-item obligations use the item's location when the contract was concluded. Other obligations use the debtor's domicile when the obligation arose. These distinctions may produce different results for different performances in one contract.

If the creditor later moves and significantly complicates performance, an exception allowing performance at the former domicile may apply. Every relocation therefore does not impose all additional performance burdens on the debtor without limit.

Place may affect proper tender and creditor default. It may also matter to court or enforcement-office competence, but substantive place of performance and procedural competence are distinct mechanisms. Validity of competence agreements and special competence rules require separate examination.

Legal Basis: Turkish Code of Obligations No. 6098, Article 89. Official legislative text.

This article has been prepared for general legal information purposes.