Law of Obligations and Claims Arising from Obligations

Antalya-based Güneş & Güneş Law Firm advises on performance, default, recourse, limitation periods and other disputes arising from obligations.

The law of obligations regulates how obligations between persons and companies arise, when and in what manner an obligation is to be performed, the consequences of a breach of an obligation, and the circumstances in which an obligation comes to an end. Matters such as performance, default, interest, limitation periods, set-off, release, joint and several liability, recourse, unjust enrichment and agency without authority may have legal consequences across a wide field, from everyday relationships to high-value commercial transactions.

In disputes arising from the law of obligations, Güneş & Güneş Law Firm assesses the source of the legal relationship, the rights and obligations of the parties, the existing documents and records, the limitation periods or preclusive periods that may apply, and the legal avenues available, within the framework of the specific circumstances of the case. Legal services ranging from advice, formal notice and negotiation to litigation, interim legal protection, appeal and enforcement of the judgment are planned together according to the nature of the dispute.

Based in Antalya, our firm provides advisory and litigation services in the field of the law of obligations to natural persons and legal entities across Türkiye, taking into account the nature of the dispute, the competent authorities and courts, and the conditions of the specific case. For persons living abroad and foreign companies, the applicable law, jurisdiction, foreign documents, service abroad and the enforceability of the judgment are examined separately in obligations with a Türkiye connection.

Principal Matters We Handle Under the Law of Obligations

Determining the Source and Validity of the Obligation

In order to assess a debt or a payment claim, the cause from which the legal relationship between the parties arose must first be determined. An obligation may arise from a contract, a tort, unjust enrichment, agency without authority or directly from law. Incorrectly identifying the legal basis of a claim may lead to different consequences in terms of the court with subject-matter jurisdiction, the applicable limitation period, the burden of proof and the rights that may be claimed.

The principal examinations carried out in this context are as follows:

Determining the legal basis of the obligation
Examining the parties' capacity to act and authority of representation
Unauthorized representation and subsequent ratification
Liability arising from contract negotiations
Claims of mistake, fraud, duress and excessive advantage-taking
The distinction between simulation and the apparent transaction on the one hand and the parties' true intent on the other
Obligations subject to a condition or a maturity date
Absolute nullity, voidability or suspended invalidity of a legal transaction
Refund of payments made in reliance on an invalid or terminated legal relationship

Detailed examinations concerning the formation, validity, interpretation and termination of a contract are handled within our Contract Law and Contractual Disputes practice area.

Performance of the Obligation and Performance Disputes

Performance of the obligation at the agreed place, time and manner
Non-performance, late, incomplete or improper performance of the obligation
Legal consequences of partial performance and partial payment
Disputes concerning the place of performance, the time of performance and the order of payment
Performance by a third party and performance to a third party
Examination of payment, delivery, receipt, bank record and release documents
Offsetting where there is more than one debt or payment
Specific performance, and claims for the price or compensation

Debtor's Default and Creditor's Default

Determining whether the obligation has fallen due
Examining whether a formal notice is required for default
Placing the debtor in default and preparing the formal notice
Default interest and claims for loss arising from delay
Assessing the elective rights in relationships that impose obligations on both parties
Claims for performance, setting a time limit, withdrawal from the contract and damages
The creditor's refusal to accept performance without a justified reason
Designating a place of deposit and deposit procedures
The end of default and the consequences of performance made afterwards

Termination of the Obligation

Termination of the obligation by performance
Release agreements and the validity of release declarations
Set-off of obligations and the set-off declaration
Novation of the obligation
Merger of the capacities of creditor and debtor
Subsequent impossibility without fault
Partial impossibility and the position of the counter-performance
Claims for restitution and settlement of accounts arising from a terminated obligation

Impossibility of Performance, Excessive Hardship in Performance and Changed Circumstances

Performance subsequently becoming impossible
Examining the parties' fault and duty of notification in cases of impossibility
Partial impossibility of performance
Extraordinary changes in economic, legal or factual circumstances
Adjustment of the contract on account of excessive hardship in performance
Options of withdrawal or termination where adjustment is not possible
Force majeure, unforeseeable events and risk-allocation provisions
The legal effect of changes in foreign currency, cost, supply and payment conditions

The preparation, interpretation and termination of the contract, withdrawal, contractual penalty and adjustment of the contract are also handled separately within our Contract Law and Contractual Disputes practice area.

Restitution Claims Arising from Unjust Enrichment

Gains obtained without a legally valid cause
Recovery of payments made where no debt was owed
Refund of a payment made to the wrong person or account
Recovery of money or goods delivered under an invalid contract
A legal cause that existed at the outset later falling away
Transfers made in reliance on a cause that did not materialize
The scope of the duty of restitution, good faith and claims for expenses
Examination of proof and limitation periods in unjust enrichment claims

Disputes Arising from Agency Without Authority

A person's affairs being handled without a contract or authority
Acting in the interest and presumed intent of the principal
Claiming necessary and useful expenses
Liability arising from the undertaken task
Consequences of the principal's subsequent approval of the act performed
Surrender of the benefits obtained by the agent
Assessing the distinction between acting in another person's interest and acting in one's own interest

Joint and Several Liability and Recourse Claims

Liability of more than one person for the same debt
Joint and several liability arising from law or from a legal transaction
The creditor's recourse to one or more of the debtors
Payment of the debt in whole or in part by one of the debtors
The internal relationship between debtors and apportionment
The arising, scope and limitation period of the recourse claim
Liability of persons who jointly caused loss
Recourse claims of the surety, insurer, employer or other liable persons

Assignment of Receivables, Assumption of Debt and Changes in the Contractual Relationship

Assignment of receivables and assignment agreements
Examining assignable receivables and prohibitions on assignment
Notifying the debtor of the assignment of the receivable
The scope of the assignor's guarantee and liability
Internal and external assumption of debt
Accession to the debt
Assignment of the contract and accession to the contract
The effect of a change of party on security, interest, defenses and objections
Restitution, payment and authority disputes arising from assignment transactions

Disputes concerning the existence, amount, maturity and collection of a receivable are also examined separately within our Debt Recovery Claims and Receivables Disputes practice area.

Interest, Contractual Penalty, Set-Off and Release Disputes

Contractual interest and default interest
Determining the start date of interest
Interest and exchange-rate assessment in foreign currency debts
Validity and application of the contractual penalty
Examining the relationship between the contractual penalty and the claim for loss
Conditions for set-off and the set-off declaration
Scope and validity of release agreements
Disputes over partial payment, offsetting and the outstanding balance
Determining the legal framework on which the calculation of interest, contractual penalty and other ancillary claims is based

Suretyship, Guarantee and Security Relationships

Form and validity requirements of the suretyship contract
Simple suretyship and joint and several suretyship
Scope and termination of the surety's liability
Assessing the cases in which the spouse's consent is required
The surety's right of recourse against the debtor
The distinction between guarantee contracts and suretyship
Disputes arising from bank letters of guarantee
The effect of pledges, mortgages and other security on the obligation
Claims connected with the release, return or realization of security

Limitation Periods, Formal Notices and Preservation of Rights

Determining the limitation period to which the claim is subject
Examining the start date of the limitation period
Grounds that suspend or interrupt the limitation period
The distinction between a preclusive period and a limitation period
Preparing a notarized formal notice, a KEP (registered electronic mail) notification and a written demand
Making declarations of intent concerning default, termination, withdrawal, set-off and the like
Assessing the options of preservation of evidence, interim injunction and precautionary attachment
Applications for interim legal protection against changes that may occur in the assets
Lawful preservation of evidence before an action is filed

Examination of Documents and Evidence in Obligations

In disputes under the law of obligations, reaching a legal outcome depends not only on the parties' accounts but also on the documents and records that show the formation, scope, performance and termination of the obligation. In this context, the following evidence in particular is assessed:

Contracts, protocols, undertakings and their annexes
Invoices, delivery notes, and delivery and acceptance documents
Bank transfers, payment descriptions and account movements
Receipts, release instruments and documents containing an acknowledgment of debt
Notarized formal notices and service records
KEP records and electronically signed documents
E-mail and messaging records
Commercial books and records
Lawfulness of audio, video and other digital recordings
Witness statements, expert examinations and on-site examination
Records that need to be obtained from public institutions, banks and third parties

Obtaining evidence lawfully, submitting it to the file within the time limit and clearly showing which fact it proves are significant for the outcome of the dispute.

Legal Position of Creditors, Debtors, Sureties and Other Interested Parties

In disputes under the law of obligations, not only creditors but also debtors, sureties, guarantors, persons assigning or taking an assignment of a receivable, joint debtors and persons entitled to recourse may need legal support. After a conflict-of-interest check is carried out, the following matters are examined according to the nature of the specific file:

Determining the creditor's avenues of claim, protection and collection
Examining the legal basis, scope and amount of the claim directed at the debtor
Defenses that the debt has been paid in whole or in part
Objections of limitation, set-off, release, performance and offsetting
Scope and termination of the surety's liability
The internal relationship among joint and several debtors, and recourse claims
The mutual rights of the assignor, the assignee and the debtor
Avenues available against collection that was unjustified, duplicated or made although no debt existed

Settlement, Negotiation and Mediation as a Condition of Suit

Depending on the nature of the dispute, formal notice, direct negotiation, a settlement protocol, a payment plan or mediation may be considered before an action is filed. In commercial, consumer, lease or other disputes subject to a special regulation, whether mediation is a condition of suit is also examined separately.

The text to be drawn up during negotiation or mediation must clearly regulate the amount of the debt, the payment dates, the consequences of default, the security, the scope of waiver and release, the costs, and the consequences of breaching the agreement. A settlement or payment protocol that is vague or incompletely drafted may give rise to new disputes instead of ending the dispute.

Actions and Legal Applications Arising from Obligations

Depending on the legal nature of the specific case, the following actions and avenues of application may be considered:

Actions for specific performance of the obligation or the performance
Claims and collection actions
Declaratory actions and actions for negative declaratory judgment
Actions for recovery of payment
Action for annulment of objection and related enforcement-law applications
Restitution actions based on unjust enrichment
Recourse claim actions
Actions concerning adjustment, termination, annulment or withdrawal from a contract
Disputes arising from release, set-off, interest and contractual penalty
Actions arising from suretyship, guarantees and security
Requests for interim injunction, precautionary attachment and preservation of evidence
First-instance proceedings, regional appeal and, where the conditions are met, appeal to the Court of Cassation
Enforcement of final judgments and coordination with enforcement proceedings

The fact that a dispute falls under the law of obligations does not mean that the court with subject-matter jurisdiction is the same in every case. Depending on the capacity of the parties and the nature of the transaction, the civil court of first instance, the commercial court of first instance, the consumer court, the labor court or another court may have jurisdiction; mediation as a condition of suit and the rules on territorial jurisdiction may also vary accordingly.

Obligations with a Foreign Element

Where one of the parties is a foreigner or is located abroad, where the contract was concluded in a different country, or where the place of performance is abroad, the dispute may involve a foreign element. In such files, not only the provisions of the Turkish Code of Obligations but also the rules of private international law and procedure must be assessed together.

The principal procedures carried out in this context are as follows:

Determining the law applicable to the obligation
Examining the international jurisdiction of Turkish courts
Assessing jurisdiction and choice-of-law clauses
Legal examination of contracts and documents in a foreign language
Planning apostille, authentication and translation procedures
Service on a party located abroad
Obtaining evidence located in a foreign country
Assessing debts agreed in foreign currency
Recognition and enforcement of foreign court or arbitral awards in Türkiye
Coordination for enforcing judgments rendered in Türkiye in a foreign country

Communicating in Turkish, English, German and Russian, our firm assesses the Türkiye-related obligations of foreign persons and foreign-capital companies according to the characteristics of the file.

How Is the Legal Process Conducted?

Determining the Legal Relationship and the Claim

It is determined whether the relationship between the parties is based on a contract, a tort, unjust enrichment, agency without authority or another legal cause. The legal outcome the claimant wishes to achieve and the objections the other party may raise are assessed together.

Examination of Documents, Evidence and Time Limits

The contract, payment record, invoice, delivery document, formal notice, electronic correspondence and other evidence are examined. A preliminary assessment is made regarding the limitation period, the preclusive period, subject-matter and territorial jurisdiction, and mediation as a condition of suit.

Determining the Legal Avenue

It is determined which of the options of formal notice, negotiation, settlement, mediation, litigation, interim injunction, precautionary attachment or enforcement proceedings is appropriate to the specific case. Where necessary, the order of more than one legal avenue and their effect on one another are planned.

Conducting the Application and Court Proceedings

Petitions and requests are prepared by establishing the link between the legal characterization and the evidence. Interim decisions, expert examinations, hearings, interim legal protection decisions and the time limits for appeal are followed.

Enforcement of the Judgment and Subsequent Procedures

The conditions for the judgment to become final and be enforced are examined. Where necessary, enforcement procedures, collection, release of security, mutual release and the procedures for concluding the file are carried out in coordination with the relevant practice areas.

Legal Processes Based in Antalya, Across Türkiye's 81 Provinces and with International Connections

Güneş & Güneş Law Firm was established in Kemer on 18 March 1999 and, with an institutional history of more than 27 years, has continued its professional activity on an Antalya-based footing since 2007. Having regard to the nature of the specific legal matter, the competent and authorized authority, the requirements of hearings, on-site examinations and on-site procedures, and the relevant rules of procedure, our firm is able to provide legal services in advisory, application, litigation, regional appeal, appeal to the Court of Cassation and enforcement-of-judgment processes across all 81 provinces of Türkiye.

The debt, receivable and other private-law relationships in Türkiye of Turkish citizens living outside Türkiye, foreign natural persons and foreign companies can be assessed by making use of online meetings, secure document sharing and multilingual communication. In every file with a foreign element, the applicable law, the international jurisdiction of Turkish courts, jurisdiction and choice-of-law clauses, the use of foreign documents, apostille or authentication, translation, service abroad, recognition and enforcement, and the enforceability of the judgment are examined separately.

With the ability to communicate in Turkish, English, German and Russian, our firm conducts the legal processes of persons and companies located in different countries of the world concerning their law-of-obligations disputes in Türkiye to the extent the file requires. Legal services provided from the physical base in Antalya, across Türkiye and with international connections are planned with regard to the subject-matter jurisdiction, territorial jurisdiction, time-limit, evidence and representation conditions of each file.

Assessing the Dispute in the Right Practice Area

Not every debt or payment dispute is assessed solely under the law of obligations. Depending on the capacity of the parties, the source of the legal relationship and the result sought, the applicable regulation, the court with subject-matter jurisdiction, the condition of suit and the avenue of application may vary.

Drafting, validity, termination, withdrawal and adjustment of the contract: Contract Law and Contractual Disputes
Existence, amount, maturity and proof of the receivable: Debt Recovery Claims and Receivables Disputes
Compulsory collection, attachment, sale, bankruptcy and composition (concordat): Enforcement and Insolvency Law and Debt Recovery
Defective goods, defective services and consumer transactions: Consumer Law and Consumer Litigation
Tort, no-fault liability and compensation for loss: Liability and Compensation Claims
Tax, social security premiums, administrative fines and other public receivables: Tax Law, Social Security Law or Administrative Law
Commercial relationships between merchants and companies: Commercial Law and Company Law

Characterizing the file in the right area of law at the outset is significant for correctly framing jurisdiction, time limits, mediation, evidence and the relief sought.

Contract Law and Contractual Disputes

Drafting, review, negotiation, validity, interpretation, breach, termination, withdrawal from the contract, contractual penalty, assignment of receivables and adjustment processes of contracts.

Debt Recovery Claims and Receivables Disputes

Existence, amount and maturity of the receivable; disputes concerning loans of money, acknowledgment of debt, invoices, default, interest, precautionary attachment, negative declaratory judgment, recovery of payment and annulment of objection.

Consumer Law and Consumer Litigation

Defective goods and services, consumer contracts, refund of the price, subscriptions, distance contracts, bank transactions, off-plan housing and consumer arbitration committee disputes.

Enforcement and Insolvency Law and Debt Recovery

Enforcement proceedings with and without a judgment, attachment, sale, realization of a pledge, enforcement actions, and bankruptcy and composition (concordat) proceedings.

Liability and Compensation Claims

Tort, no-fault liability, death and bodily injury, property loss, and claims for pecuniary and non-pecuniary damages.

Lease and Eviction Law

Disputes arising from residential and roofed commercial leases, eviction, rent determination, adjustment, rent receivables and delivery of the leased property.

Commercial and Company Law

Commercial contracts between merchants and companies, current accounts, company relationships and commercial disputes.

Legal Services in Türkiye and International Litigation Management

Advisory, application, litigation, appeal, recognition and enforcement, and judgment-enforcement processes concerning Türkiye for Turkish citizens living abroad, foreign natural persons and foreign companies.

Güneş & Güneş Law Firm

Legal Service Since 1999

Güneş & Güneş Law Firm has been providing advisory, dispute resolution and litigation services to natural persons and companies since 18 March 1999.

Assessing Interrelated Areas of Law Together

Law-of-obligations disputes may be connected with the areas of contracts, commerce, companies, consumers, real estate, lease, enforcement and insolvency, compensation or private international law. The legal nature of the file is determined by assessing the relevant practice areas together.

Communication in Four Languages

Our firm provides services for legal communication and file processes in Turkish, English, German and Russian.

File-Specific Legal Assessment

The parties, documents, time limits, legal cause and conditions of proof of each obligation differ. For this reason, the avenue that may be pursued is determined by examining the specific case and the existing evidence.

Legal Support in the Law of Obligations

You may contact our firm to have the source of the obligation, the existing documents and records, the limitation risk and the available legal avenues assessed. So that the initial examination can be carried out soundly, it will be useful to send together, where available, the contract, payment document, formal notice, correspondence, invoice, delivery document, enforcement papers and court documents.

Request a Legal Assessment

The outcome of a legal process depends on the particulars of the specific case, the evidence, the claims and defenses of the other party, and the assessment of the competent authorities. The explanations on this page are of a general informative nature; they do not constitute a legal opinion on any particular case or a commitment as to outcome.