Damages exceeding default interest and penalty clauses in Turkish law of obligations

Human kind have to get into collective or individual interactions with each other. As a result of these interactions, which occurs as the nature of social life, that people who have to interact with each other suffer damages. For this reason, damages has been a concept that is constantly discussed and developed since the emergence of law. Firstly, the concept of damages was discussed in this "Damages Exceeding Default Interest and Penalty Clauses in Turkish Law of Obligations" titled study. The definition and the theories about the damages and the types of damages that have been created in line with the distinctions that have been created to respond to different needs have been tried to be explained in the first section. In the second part, the debtor's default in money debts and the compensation of the excess loss in case the loss exceeds the default interest are emphasized. In order to ensure the integrity of the subject, after dealing with related issues such as money debt, debtor default and default interest, the determination of excess loss was discoursed and some common excess loss types and the calculation of compensation were explained. In the third and last part, the damage exceeding the penalty clause was discussed. After trying to explain the definition, characteristics, legal nature and elements of the penal clause, how it become due and its provisions are emphasized. The study has been concluded by explaining the conditions of compensation for the damages that occur in the event that the obligee has suffered and cannot be covered by the penalty. In the process of preparing the study, the views in the doctrine were discussed and the court decisions -especially the decisions that differ from each other- were also tried to be included as widely as possible. Keywords: Concept of damages, Further damages, Damages exceeding the default interest, Damages exceeding the penalty clause