Alacaklının Temerrüdü
Özet
Default of creditor, which is regulated in the Turkish Code of Obligations Act. No. 6098
(TCO) art.106 to 110 (OR Art. 91-95), is the legal institution that emerges when act is
still possible and presented in accordance with the contract and legal regulations is not
accepted by the creditor or other participation acts necessary for the performance of the
act are not fulfilled by the creditor without a valid reason. Therefore, the creditor's default
is only in question in terms of acts in which the creditor's participation is obligatory. It
would not be wrong to say that although the terms and some results of the institution of
creditor’s default, which is used synonymously with the concept of "default of
acceptance", are obtained from the regulation in the TCO, the institution is not regulated
in detail in the TCO. For this reason, there are unclear and controversial issues regarding
the default of the creditor. On the other hand, in German law, the institution has been
dealt with in great detail in legal regulations and these controversies have largely been
avoided.
The aim of our study is to reveal the creditor's default in detail in every aspect. In this
context, the regulations in German law have been taken into consideration when
necessary, considering that they contain clear and detailed legal regulations on the subject
and thus will be guiding in terms of Turkish law. In this way, an effort has been made to
deal with the institution of default of the creditor as a whole in terms of Turkish-Swiss
law, and especially in comparison with German law at important points.
