Penalty clause added to performance in Turkish Law

In a debt relationship, it is inevitable to experience loss of rights in terms of creditors due to legal problems to be encountered if the principal debt is not performed at all or properly performed. In order to eliminate possible problems that may arise as a result of violation of the original debt, the creditor may want to secure their receivables. In this context, one of the regulations in the law to protect the interests of the creditor is the penalty clause added to the performance. Although the penalty clause added to the performance does not have a definition in the law or the doctrine, it may be defined as a performance commitment that gives the creditor the right to claim both the performance of the debt and the penalty clause as a result of the failure to perform the principal debt in the place and on the time determined. The penalty clause determined for cases where the debt is violated in terms of place or time is the penalty clause added to performance, unless the creditor explicitly waives his right or accepts the statement without reservation, he may also request the payment of the penalty clause with the performance of the debt. The penalty clause added to performance is the most common type of penalty clauses in practice. Due to the fact that the penalty clause added to performance forces the debtor to perform as well as it provides the creditor ease of proof and enforce and that the violation of debt in terms of place and time is the most common infringement to debt, in the field of private law, it is seen that there are penalty clause records added to performance in many contract types. The purpose of this study is to examine the provisions of the penalty clause added to the performance, which is the result of a requirement of private law, and the controversial issues related to the subject, in terms of various opinions put forward in the doctrine and the relevant decisions of the Supreme Court. Keywords: Penalty clause added to performance, Penalty clause, Violation of the principal debt, Force to perform, Compensation, Loss, Maturity