The sales contract is a mutual debt contract, and both the seller and the buyer are under the obligation to fulfill their debts. If the parties fail to fulfill their contractual obligations, they are deemed to be in default in the Turish law of obligations.
Buyer’s Optional Rights When There is A Default In The Sales Contract
When the seller fails to fulfill their obligations in the sales contract, the buyer will always have the opportunity to request the seller to fulfill their debt and claim compensation for the delay of that performance.
The creditor which is the buyer, may request the removal of the “positive” damage they have incurred by giving up the fulfillment of the debt as it is, by notifying it immediately, or may choose to rescind the contract with the seller.
Sn Exception About
There is an exception arising from the law of the rules we have mentioned regarding default, and this is the transfer of possession, that is, commercial sales for which certain periods are stipulated for the transfer of the actual dominance of the property to the other party.
Obligation Of The Buyer To Grant An Extension To The Defaulted Seller
The buyer must give the seller an appropriate period of time in order to give up the fulfillment of the debt as it is and to use any of the possibilities to demand the recovery of the positive loss and to withdraw from the contract. However, there is no need to give additional time for contracts with a definite maturity.
Burden Of Proof
The proof of the damage suffered by the buyer is on themselves, that is, the buyer has to prove the damage they have suffered.
The buyer must prove that they have established the contract with worse terms, that they are deprived of the profit from the resale, or that they have to pay compensation to other buyers if they have any.
Antalya Attorney Baris Erkan Celebi and his Antalya Law Firm advise their clients in all subjects of DEFAULT OF THE SELLER IN SALES CONTRACTS including but not limited to the carrier’s legal liability, its limits, the breaking of the limits, the carrier’s exoneration, freight insurance and reinsurance, contracts of carriage, charter agreements, a recap of the fixture, disputes arising from the bill of lading and other fields of SALES CONTRACTS.
Whether you need legal advice, representation, or assistance with a legal matter, our law firm in antalya is here to achieve the best possible results with a strong commitment to our clients.
