Breach of Contract and Its Remedies Under Turkish Law

İbrahim Gül

PREFACE

SOME ABBREVIATIONS USED IN REFERENCE

CHAPTER 1: BASIC CONCEPTS OF CONTRACT LAW RELATED TO BREACH OF CONTRACT AND ITS REMEDIES
1.1. General Principles of Contract Law
1.2. What Is the Contract Under Turkish Law?
1.3. What Are the Elements of a Valid Contract
1.4. Interpretation of Contracts
1.5. Obligation and Obligational Relationship
1.6. Act of Performance and Its Types
 1.6.1. Types of Acts of Performance
  1.6.1.1. In Terms of Conduct: Positive and Negative Act of Performance
  1.6.1.2. In Terms of Performance Period: Instantaneous, Continuous, and Periodic Acts of Performance
  1.6.1.3. Divisible and Indivisible Acts of Performance
1.7. Sources of Obligation, Tort Liability and Contract Law

CHAPTER 2: BREACH OF CONTRACT
2.1. General Framework
2.2. Fault-based Impossibility or Non-Performance of Contract
2.3. Improper Performance of Contract or Defective Performance
2.4. Debtor’s Default: Delay for Performance
2.5. Non-liability Agreement
2.6. Liability of Vicarious Performance
2.7. Hardship
2.8. Force Majeure
2.9. Impossibility of Performance and Frustration
2.10. No Classification Based on Material-Minor Breach of Contract

CHAPTER 3: LEGAL CONSEQUENCES OF BREACH OF CONTRACT
3.1. General Framework
3.2. Specific Performance
3.3. Damages
 3.3.1. Types of Damage
 3.3.2. Positive and Negative Damage
 3.3.3. Actual Damage and Loss of Profit
 3.3.4. Material and Non-pecuniary Damage
 3.3.5. Liquidated Damages
 3.3.6. Punitive Damages
3.4. Damages For Non-performance and Improper Performance
3.5. Legal Consequences of the Debtor’s Default
 3.5.1. In General
 3.5.2. Specific Performance and Damages Arising from Delayed Performance
 3.5.3. Liability for Fortuitous Events
 3.5.4. Interest and Default Interest
 3.5.5. Further Damages
 3.5.6. Legal Consequences of the Debtor’s Default in the Reciprocal Contract
  3.5.6.1. Specific Performance and Delayed Damages
  3.5.6.2. Waive Performance and Claim for Positive Damages
  3.5.6.3. Rescission of Contract and Claim for Negative Damage
 3.5.7. Legal Consequences of the Debtor’s Default in a Continuous Performance Contract: Termination
3.6. Partial Default

CHAPTER 4: DEFAULT OF THE CREDITOR
4.1. General Framework
4.2. Requirements for the Creditor’s Default
4.3. Legal Consequences of the Creditor’s Default
4.4. Other Creditor-Related Impediments of Performance
4.5. Impossibility of Performance Caused by the Creditor

CHAPTER 5: CONTRACTUAL PENALTY, EARNEST MONEY, WITHDRAWAL FEE
5.1. Contractual Penalty
 5.1.1. Legal Nature of Penalty Clause
 5.1.2. Characteristics of Penalty Clause
 5.1.3. Types of Penalty
  5.1.3.1. Penalty in Lieu of Performance (Optional Penalty)
  5.1.3.2. Penalty in Addition to Performance
  5.1.3.3. Penalty to Rescind or Terminate
 5.1.4. No Requirement of Actual Damage
 5.1.5. Damage Exceed the Amount of the Agreed Penalty
 5.1.6. Relationship Between Penalty Clause and Fault
 5.1.7. Debtor’s Right to Reduction of Excessive Penalty
 5.1.8. Special Position of Merchants (Article 22 TTK)
5.2. Earnest Money
5.3. Withdrawal Fee

BIBLIOGRAPHY

INDEX