Reasons affecting contract liability according to the general provisions of the Turkish Law of obligations

Contractual liability refers to the legal situation in which the debtor can be addressed if the contract is not "performed at all or duly". There are many legal regulations that affect contract liability in the Turkish Legal System. In the Turkish-Swiss legal system, the function of the liability of the creditor arising from the damage to be incurred due to the debt relationship is the elimination of the damage caused by the debtor. In this context, the basic legal regulation is Article 112 of the TCO titled "expense debt". Considering this article, in which the debt of reparations is regulated "in general", it is determined that the liability of the debtor is regulated very heavily. Accordingly, the debtor will be held responsible for all the damage unless he can prove that he cannot be blamed. We see that the boundaries of this article, which imposes a very wide responsibility, are drawn with the article 114 titled "The scope of liability and reparation debt" and the scope of liability is tried to be narrowed by referring to the tort provisions of article 114/II of the TCO. In addition to the general and special provisions of the TCO, many special regulations affecting the liability of the debtor have been made in other legislation provisions. Within the scope of the thesis, only the general regulations of the TCO were evaluated on the axis of the general regulations, and the subject was detailed by presenting examples of the reflection of these general regulations on some special regulations. The point where these criteria in the law meet is that if the parties do not make a valid arrangement to the contrary in the contract, they will be applied when determining the liability of the debtor. In practice, it is seen that the contractual liability of the debtor is often affected by the will of the parties. In the third part of the thesis, the cases of voluntary limitation and the validity conditions of these conditions are mentioned.