Legal Glossary

Default is the fulfillment of the conditions required by law following the failure to perform a due debt properly and on time. In the debtor’s default, a formal notice (ihtar) is, as a rule, required; however, default without notice may arise in statutory exceptions, such as where the date of performance was fixed jointly. A creditor’s refusal to accept performance is also a separate type of default.

A defect of intent (irade bozukluğu) means that a party’s intent was not formed soundly when a contract was concluded, because of fundamental mistake, fraudulent misrepresentation or duress. When the statutory conditions are met, the affected party may declare that it is not bound by the contract. The statutory time limits for the declaration and for reclaiming what has been given must be monitored carefully.

Defective performance (ayıplı ifa) is the situation in which goods delivered, work carried out or a service provided do not have the characteristics agreed in the contract or those they should objectively have. The type of defect, the contractual relationship, the status of the parties, the duties of inspection and notification, and the elective remedies vary according to the applicable law.