Eksik Borç

Abstract

In principle, it is accepted that debt relations cause liability of the debtor. When the obligation is not fulfilled by the debtor, liability arises and in this case, it is possible for the creditor to impose sanctions by applying to the authorized institutions of the state. In the doctrine these obligations are usually expressed as “civil” or “enforceable” obligations. It is an accepted fact that obligation and liability are closely related. However some obligations constitute an exception to the general understanding of obligation and liability coexist. Natural obligations, which are accepted as the opposite of civil obligations are also known as “unenforceable” obligations. Since obligation can be fulfilled only if the debtor wishes to fulfill it. The origin of the distinction between civil obligation – natural obligation is based on Roman law. It is known that in the Roman Classical Period, Romans initially used the term “obligatio naturalis” in order to express the obligations of the slaves arising from their legal transactions. Natural obligations occur due to a legal relationship between the creditor and debtor. For this reason, when the obligation is fulfilled by the debtor, the performance will be valid. The non - enforcement of an obligation is usually indicated in the codes. However it should be stated that not every obligation without a sanction accepted by the legislator constitutes a natural obligation. While the absolute effects are valid for all natural obligations; the possible effects may differ according to the types of natural obligations. Additionally, there are many different opinions in the doctrine about the possible effects of natural obligations. However, the difference between natural obligations in terms of possible effects does not cause any change on the nature of the obligation.