Creditor default of the customer in the contract for work and services

Through the contract for work, the contractor undertakes to produce and delivery a work and the customer to pay remuneration. The contractor's ability to fulfill these debts generally depends on the active involvement of the customer. In fact, the contractor cannot fulfill his debt unless the customer has carried out these actions. It is important to examine the situation where these involvement related to the performance of the contractor are not followed by the customer. The avoidance of the participation of the customer is regulated under the default of obligee in the general provisions of the Turkish Code of Obligations (TCO Art. 106-110). On the other hand, there is no regulation in the contract for work and services section regarding the default of obligee. The subject of this study is the creditor default of the customer. In the study, the necessary conditions for the creditor default of the customer were determined and examined. In this context, the legal nature of the involvement of the customer has been tried to be determined and whether the systematic in the Turkish Code of Obligations complies with the contract for work and services. In addition, the study also examined the effect of the default of the customer as an obligee on the performance obligations of the contractor and the customer. It was also determined that the reduce in the contractor's wealth due to the creditor's default and how they could be compenseted. While making these examinations, the legal gaps that should be completed in terms of the default of the customer as an obligee were determined and how they would be filled was also explained.