temerrüte

Temerrüt is a Turkish legal term describing default in performance of a contractual obligation. It refers to the situation in which the debtor fails to perform on the due date or within a time frame required by the contract or by law. Temerrüt is usually grounded in the debtor’s fault or negligence, though certain delays may occur for reasons outside the debtor’s control or may be excused by force majeure.

Onset and triggers of temerrüt vary. Generally, default begins when the due date passes and performance has not been rendered, or when a creditor’s valid demand for performance is not fulfilled within a reasonable period. Some contracts state that temerrüt arises automatically on the specified due date. A debtor’s refusal to perform or a failure to perform after proper demand can also establish temerrüt.

Consequences and remedies for temerrüt include the creditor’s ability to seek performance if still possible, as well as damages for losses caused by the delay. Default may also trigger temerrüt faizi, the default interest charged from the date of default until performance or settlement. In some cases, persistent or material delays may justify termination of the contract and a claim for consequential damages, subject to applicable law and contract terms.

Relation to other legal concepts is important. Temerrüt is distinguished from mücbir sebep (force majeure), which can excuse performance and prevent liability for delay in certain circumstances. The rules governing temerrüt are part of Turkish contract and obligations law, particularly the Code of Obligations, and they standardize liability for delayed performance and the calculation of damages.

See also: temerrüt faizi, force majeure, damages in contract, Turkish Code of Obligations.