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the opportunity to enter into other possibly advantageous contracts due
to reliance on the validity of the rescinded contract constitute another
example negative damages and that it shall also be compensated.
Conclusion
Pursuant to the Turkish Code of Obligations No. 6098, where the
obligor is in default in a synallagmatic contract, the creditor shall have
optional rights. These optional rights include the ability to claim the
specific performance of the obligation together with compensation for
delay, compensation for positive damages incurred by waiving specif-
ic performance and compensation for negative damages as a result of
rescinding the contract. The compensation of positive damages aims at
protecting the creditor’s interest in the performance of the obligation in
compliance with the contract, while the aim of compensating negative
damages is to protect the creditor’s reliance on the validity of the con-
tract.
LAW OF OBLIGATIONS
257