Aliud delivery in sales contract

In the Swiss-Turkish law of obligations system, there is no specific regulation addressing the concept of aliud delivery. In particular, this situation makes it difficult to limit the distinction between the delivery of aliud and other situations that the seller does not perform properly in terms of quality or quantity. In doctrine and practice, the most compared concepts are aliud delivery and defective performance; the relationship between both concepts is considered in different ways, especially considering the distinction between the sale of piece and genus. On the other hand, common point of the opinion that represents the idea of a certain distinction between aliud delivery and defective performance in the sale of both piece and genus is the opinion that the seller performs his obligation as bad in case of defective performance, and in the case of aliud delivery, the seller shall be deemed to have failed to fulfill the obligation. However, this approach creates inextricable discussions about when the goods delivered to the buyer in many cases will lead to the concept of aliud deliver or defective performance. On the other hand, in some national and international regulations, the legal implications of aliud delivery are explicitly equated to the legal consequences of defective performance or the concept of lack of conformity of contract is considered as a general concept and is adopted that they do not lead to different legal consequences. Therefore, in this study, it was rejected to accept and disclose the dogma in the manner of not exercising the legal quality of aliud delivery in the Swiss-Turkish law of obligation system. Instead, the idea that the provisions envisaging the most appropriate solution to the situation should be investigated, taking into account the balance of interests between the parties.