Obligations and contracts

Default (temerrüt)

The legal state of delay that arises when a debtor fails to perform a due obligation despite it being demandable and duly called in.

All terms

Under Turkish law, default (temerrüt) is the legal state of delay a debtor enters when a due and demandable obligation is not performed. As a rule the creditor must first serve a demand; however, if the contract fixes a definite date for performance, default occurs automatically once that date passes.

The best-known consequence is default interest on monetary debts, accruing for the period of delay. The creditor may also claim additional damages caused by the delay and, in bilateral contracts, may grant a final period for performance and then choose between compensation and withdrawal from the contract.

Default is not limited to debtors: a creditor who refuses duly tendered performance without justification also falls into default and bears the resulting consequences.

Not to be confused with

Muacceliyet ile karıştırılmamalıdır: muacceliyet borcun istenebilir hâle gelmesi, temerrüt ise buna rağmen ifa edilmemesi üzerine doğan gecikme durumudur.

Statutory basis

  • TBK m.106
  • TBK m.117
  • TBK m.125

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.