kapanci, kadir berk mef üniversitesi - hukuk fakültesi - medeni hukuk anabilim dalı, Turkey

A Short Comparison between the Concepts of Resolution Penalty (Art. 179 para. 3 TCO) and Forfeit Money (Art. 178 TCO)

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Under Turkish Law, as a general rule, a contractual relationship cannot be unilaterally resolved, after it is established. However, both the law and the will of the parties can create exceptions to this rule, so that the parties can freely “get out” of the relationship. On one hand the resolution penalty (Art. 179 para. 3 TCO) which is classified as a type of contractual penalty and on the other the forfeit money (Art. 178 TCO) which is treated together with the earnest money, are two different legal instruments that follow the said aim with mostly similar characteristics. The present article aims to compare these two instruments, especially evaluating their similarities and differences.

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Resolution of the contract , resolution penalty , forfeit money , fault , damage.

Hukuk Araştırmaları Dergisi

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