DoctorateOpen Access

Partial performance

2018
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Advisor: Prof. Dr. Mehmet Altunkaya

Abstract (EN)

"Partial Performance" is regulated in Turkish Code of Obligations No. 6098. The concept of partial performance which is regulated among the provisions of performance of debts, is a sophisticated subject matter which has importance in the practicableness of debt for partial performance, the manner of performance and the situations of incompatibilities for debt. For this reason, the concept of divisible debt needs to be explained and clarified. Partial performance is also significant in terms of divisibility of the debt when the parties of the debt consist of more than one individual. However these conditions are not directly related to the divisibility of performance but rather the "allocation" of debts or liabilities. Those distinctions made essential to explain the concept of divisible performance and the other notions which closely related to divisible act.These issues were examined firstly in the thesis. Conditions of partial performance, the implementation area of TBK m.84 and the right of the creditor to disclaim the partial performance are explained in the second chapter. Especially the situations of obligation to accept partial performance and the right of disclaim which takes part in derogations are discussed in this chapter. The third part is devoted to the legal consequences of partial performance. The consequences that arise from acceptance of partial performance are different from each other in terms of the parts which are performed and which are not.Legal consequences arising in the case of the use of the right of disclaim are covered in this section. Finally, the legal consequences of accessory rights and the statute of limitations of partial performance are examined. The conclusions we have made during our research are collectively adressed in the conclusion.

Author

Dr. Feride Demirbaş

How to Cite

Feride Demirbaş (Doctorate thesis). Partial performance, 2018, Akdeniz University.

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