Payment sanctions under law of obligations independent from the condition of existence of damage

As a rule under Turkish law of liability, the claimant is required to prove the existence of damage suffered, in order to be granted compensation. Besides, the amount of loss constitutes the upper limit of indemnity to be entitled. Nevertheless, several payment sanctions that can be claimed either independently from the condition of the existence of damage or without limitation of its amount have been provided in Turkish legislation. In this dissertation, payment sanctions that are independent from the condition of the existence of damage in the field of law of obligations and, as inseperable part of it, their coherent sanctions in the area of commercial law will be analysed. In this context, default interest and other sanctions by which damage is presupposed by law, late charge, liquidated damages, penal clause, disgorgement of profits under non-genuine benevolent intervention, the sanction stipulated in case of breach of prohibition of re-renting and punitive sanctions set forth among provisions governing service contracts will be reviewed together with the alterations brought by the virtue of Turkish Code of Obligations numbered 6098 and Turkish Commercial Code numbered 6102. Moreover, the theory of normative damage adopted in German law and the concept of punitive damages applied in Anglo-American law will be researched in thesis, in the sense of their admissibility under Turkish law.