Default of debtor is one of the main concepts of the Law of
Obligation, means that to fail to perform the obligation or to not
accept the performance of obligations. If the debtor does not
perform the obligation, there is default of the debtor; if the
creditor does not accept the performance of obligation, there is
default of the creditor. In this article, the default of the debtor
is examined.
Debtor default means a delay in the performance of a debt that
can be performed and is due. It is regulated by the legislator in
Article 117 of the Turkish Code of Obligations as follows:
Code of Obligations Article 117:
The debtor of a debt that is due and payable shall be in
default upon the creditor's notice.