PERFORMANCE AND EXECUTION OF ALTERNATIVE OBLIGATION

Unlike a simple obligation, alternative obligation is an obligation wherein several prestations are in debt but one of them shall be determined by the choice and performed. The Turkish Code of Obligations and the Code of Civil Procedure contain regulations on alternative obligation and alternative litigation. Despite the legal regulation, it is possible to encounter various possibilities and problems related to the performance and execution of the debt in practice. In this study, considering the provisions and doctrine related to alternative obligation in Turkish and foreign law, various situations regarding the performance and execution of the debt will be examined and solution suggestions will be evaluated. In this context, particularly in case of not exercising of right of choice, the legal remedies that the other party can apply for and the performance and execution of the alternative obligation will be analyzed.