Partial performance in Turkish Law of Obligations

Under our law, rule is the execution of the debt with full performance. The exception to this rule is the partial performance, which is regulated as a constructive rule. Partial performance is primarily a matter of divisibilty of the debt. However, also in determining whether partial performance is permissible, each case shall be evaluated within itself. Apart from the rules provided under codes, wills of the parties, goodfaith and goodwill, commercial traditions and customs are also effective in determining whether partial performance is permissible. The debt case to exist in the amaount of performance rovided thatsuch partialperformance has been executed in accordence with law. Under our law, partial performance has been provided as an exception and thus, the aim of protecting the creditors has not been disregarded. Judicial decisions are also shaped aroundthis approach. With this study, the issue of partial performance has been adressed with its all terms and results by referring to the related concepts, starting from the cencept of performance and legal transactions.