Partial default and its legal consequences

Although the title of the thesis is partial default and its consequences, the subject and scope of the thesis include the debtor's partial default and analysis of its result. The reason for that is, the concept of partial default is identified with the debtor's partial default in theory and execution. In our study, the creditor's partial default was left out of the context since it was found that the creditor's partial default could theoretically occur, yet there would be no difference in terms of application of the provisions regarding the creditor's default. The study was conducted in accordance with the practice and the theoretical understanding of partial default. The conceivably encountered partial default and its consequences, in the event that the debtor fulfills only a part of his debt on time and the creditor accepts this partial fulfillment; are neither defined nor regulated within the Turkish Code of Obligations No. 6098 or any other law even though encountered in practice. The debtor's default provisions, which are regulated among the provisions of the TCO section 117-126, shall be applied to partial defaults to the extent that they fit within its structure. The most crucial part of partial default is that, its legal consequences take effect for the non-executed parts as a rule including the entire debt or contractual relationship as an exception. Keywords: Law of obligations, partial default, the debtor's partial default, due debt, part performance, warning, default interest, compensation, indemnity, synallagmatic contracts, avoidance of the contract, partial avoidance of the contract.