Anticipatory breach under Turkish and English Law

There exists no express provision under Turkish Law that regulates what remedies will be available to a creditor in case the obligor, prior to the time fixed for performance, expressly notifies the creditor that he will not perform his obligations when they fall due or it is possible to infer the same from the obligor's actions. Although the doctrine has provided potential solutions to this problem based on the application by analogy of express provisions applicable to other types of breach and the theory of trust, these suggestions have not been able to provide adequate solutions for reasons explained in detail in this dissertation. On the other hand, English Law regards anticipatory breach as a form of breach that is governed by a set of rules and grants the creditor to bring the contract to an end under such circumstances. In this dissertation, we discuss the idea that the principle of good faith and the duty to mitigate losses, which is in close relationship with the former, under Turkish Law are capable of providing a solution to this problem, by drawing inspiration from English Law. The aim is to offer a new perspective on the issue and contribute to removing the uncertainty in Turkish Law.