Temporary payments in Turkish law of obligations

"Advance payments" is regulated in Turkish Code of Obligations No. 6098. The regulation was first discussed with Article 53 of the "Draft Project on the Revision and Unification of Civil Liability" also known as the Widmer/Wessner Draft, but it was not enacted in Switzerland. Considering its scope and the fact that it is regulated among the general provisions of the Law of Obligations in Turkish Law, it is not possible to come across an equivalent regulation in comparative law. The regulation is related to the fact that if the prejudiced party presents convincing evidence showing that his claim is justified and his economic situation requires it, the judge may decide upon request that the defendant will make a temporary payment to the prejudiced party. In addition, second paragraph of the article regulates that the temporary payments made by the defendant will be deducted from the indemnity, and if no compensation is awarded, the temporary payments received by the plaintiff will be returned together with the legal interest. However, it is possible to come across similar prepayment arrangements in the International Aviation Law, the Law of the Sea, and the Insurance Law. It is understood that the common purpose of all these regulations is to alleviate the grievances of the prejudiced parties by bringing the outcome of the case forward while the long proceedings continue. The first of the debates in the doctrine is about the legal character of the temporary payments institution. It has been argued that the temprorary payments regulation is a kind of provisional injunction. According to this view, it is asserted that it is possible to demand for injunction when the subject of the discrepancy is about money, with fulfillment injunctions. On the other hand, the main idea of our thesis is that the regulation is about substantive law and that it becomes a different institution under the title of prepayments and that does not have a character like injunctions. Another discussion in the doctrine is about the situations in which temporary payments will be applied. It is clear that the regulation is among the provisions of tortious act and will find application in disputes arising from tort as per its wording. It is controversial whether it will be applied in other debt relations arising from the law. This thesis aimed to determine the application area and application conditions of the temporary payments regulation.