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Consequences of Obligor’s Default in Synallagmatic Contracts
and the Difference between Positive and Negative Damages
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Att. Suleyman Sevinc
As is known, the Turkish Code of Obligations (“TCO”) No. 6098
was published in the Official Gazette dated 04.02.2011 and numbered
27836, and entered into force on 01.07.2012.
The general conditions and consequences of an obligor’s default
are provided between Articles 117 and 126 TCO. However, the conse-
quences of the obligor’s default in synallagmatic contracts are provid-
ed in Art. 123 et seq. TCO. In such case, the creditor is entitled to
optional rights among which he shall make a choice.
The conditions for the creditor to exercise these rights and the legal
content of the notions of positive and negative damages are explained
below, together with the examples given in order to point out their
position in practice.
The Consequences of the Obligor’s Default in Synallagmatic
Contracts
The consequences of an obligor defaulting within the scope of a
synallagmatic contract are provided in Articles 125 and 126 TCO.
Pursuant to these, the creditor shall have optional rights where the
obligor is in default. These optional rights are as follows:
• First, the creditor may claim the specific performance of the
obligation together with compensation for the delay. It shall be
underlined that this right is not intrinsic to synallagmatic con-
tracts, but it is a general consequence of the default of the
debtor in any kind of contract.
LAW OF OBLIGATIONS
253
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Article of April 2014