Özet:

Early performance describes performance before a contract’s due date. As a rule, a debtor can demand early performance of a debt according to Article 96 of the Turkish Code of Obligations. However, the counter to this rule can possibly be inferred from the terms or nature of a contract or circumstances. The rendering of an early performance is a valid performance. According to Article 96 of the Turkish Code of Obligations, the obligor is not entitled to apply a discount due to early performance. However, if a discount is regulated by law, agreed upon by the parties, or sanctioned by custom, the obligor is then entitled to apply a discount. In case of early performance, the creditor may demand early repayment compensation if this has been agreed upon in the contract. According to Law No. 6502 on Consumer Protection, early performance is allowed in installment sales, consumer credit, and housing finance contracts. Law No. 6502 on Consumer Protection regulated the occurrence of an early repayment reduction in case of early repayment. In case of early repayment, however, early repayment compensation may also come into question in accordance with Article 37 of Law No. 6502 on Consumer Protection. Early repayment compensation is only permitted in terms of housing finance contracts. In order to claim early repayment compensation, a housing finance contract must be present, a fixed interest rate must have been determined in the contract, early repayment compensation must be agreed upon in the contract, and the debt must be paid before the contractual maturity.

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