Özet:

The present study deals with the kind of problems arising from fault in performance of obligations within the framework of the Austrian Law. These problems are related to valid contracts. Even if the parties have a right to terminate the contract, they are not in the legal position to reclaim their performance in accordance with the Law of Properties. So, the Law of Obligations is of help. The solution approaches of the Austrian Civil Code, which is more than 200 years old, and the Austrian Doctrine regarding fault in performance were not yet attracted enough attention of the Turkish Doctrine. In this study, the relevant provisions of the Austrian Civil Code, which was partly and fundamentally amended in respect of implied warranties in 2002, and its Doctrine are in short presented. The structure followed by the Austrian Doctrine is also kept in this study

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