Temporary payments under the Turkish Law of Obligations, article 76

Temporary Payments; With the provision of article 76 of the Turkish Code of Obligations; For the first time, it was brought into the Turkish Legal System and found application. The purpose of provisional payments; to ensure that the victim's grievances are immediately remedied. The plaintiff's ability to receive temporary payment depends on certain circumstances; requesting temporary payment from the court with the lawsuit he filed for compensation, submitting convincing evidence to the court for the justification of his claim, proving that he is in a situation that needs urgent economic relief. As a result of the long-term conclusion of the proceedings; Although it is in favor of the injured party to make payment during the trial as a deduction for the compensation foreseen to be awarded at the end of the trial, so that the injured person is not victimized due to the trial; From the point of view of the defendant, it is decided to make a payment that may be subject to forced execution by the court without a judicial decision yet. With our thesis on Temporary Payments within the scope of article 76 of the Turkish Code of Obligations; with our views on the conditions for temporary payments, which are strictly regulated in practice; by referring to the principles regarding its implementation with both doctrine and judicial decisions Our opinions are expressed in order to ensure that a law article that should not remain idle can be applied more frequently. Keywords: Code of Obligations, Temporary Payment, Law.