Types of Breach and the Claim for Performance

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

Breach is complete or improper failure to provide what is owed. Delay, defective or incomplete performance, and impossibility may appear under one heading but have different requirements and consequences. Withdrawal or compensation therefore cannot be inferred directly without identifying the breach's nature.

If performance remains possible, the creditor's right to demand the principal performance may continue. For an obligation to act, Article 113 of the Turkish Code of Obligations permits a request for authorisation for the creditor or another to perform at the debtor's expense. For an obligation not to act, removal of the contrary situation or authority to do so may be sought. Contract-specific provisions and the obligation's personal nature nevertheless affect the route.

Debtor default requires assessment of maturity and notice. Reciprocal contracts require attention to suitable additional time and Article 124 exceptions for elections such as abandoning specific performance or withdrawing. Breach of one duty does not invariably terminate the entire contractual bond automatically.

Impossibility separately requires determining whether the debtor is responsible. Subsequent impossibility without responsibility under Article 136 of the Turkish Code of Obligations differs from the Article 112 liability regime. Damages calculation is outside this article's scope; the priority is correctly characterising the breach and options for performance and termination.

Legal Basis: Turkish Code of Obligations No. 6098, Articles 112–114, 117, 123–126, and 136. Official legislative text.

This article has been prepared for general legal information purposes.