Özet:

The general consequences of the default of a debtor will not always lead to sufficient and satisfactory results in the bilateral contracts. The reason is that, in such contracts the parties are in a "reciprocity" relationship and one of the parties’ non-performance of the obligation affects both the other party and the whole contractual relationship. For this reason, apart from the general consequences, the creditor is also given the right to waive the specific performance and the alternative rights. However, these two rights should be separated from each other and evaluated as two separate legal stages. The creditor's "declaration of waiver and notification of this declaration to the debtor" and "the exercise of alternative rights and notification of the preferred right to the debtor" are different from each other. Whether the right of choice belonging to the creditor can be changed and whether the debtor has any faults in default are tried to be analysed with parallel views in the doctrine.

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