DEFAULT OF OBLIGEE OR UNWARRANTED INTERFERENCE? The Analysis of the Judgment of the 15th Civil Chamber of the Cassation Court (Date of Judgment: 31.3.2015, Reg. No. 2015/983 Judgment No. 2015/1638)

BİRİNCİ UZUN T.

JOURNAL OF ISTANBUL UNIVERSITY LAW FACULTY-HUKUK FAKULTESI MECMUASI, vol.74, no.2, pp.611-628, 2016 (ESCI) identifier

  • Publication Type: Article / Article
  • Volume: 74 Issue: 2
  • Publication Date: 2016
  • Journal Name: JOURNAL OF ISTANBUL UNIVERSITY LAW FACULTY-HUKUK FAKULTESI MECMUASI
  • Journal Indexes: Emerging Sources Citation Index (ESCI), TR DİZİN (ULAKBİM)
  • Page Numbers: pp.611-628
  • Keywords: default of obligee, unwarranted interference, the contract for work and services, withdrawing from contract, preparation for performance of contract
  • Akdeniz University Affiliated: Yes

Abstract

In the judgment of the 15th Civil Chamber of the Cassation Court (Date of Judgment: 31.3.2015, Reg. No. 2015/983 Judgment No. 2015/1638), the right to sell of the obligor, which is one of the private effects of the default of the obligee, has been examined without taking into consideration the requirements for the existence of the default of the obligee. In fact, in the present case the requirements for the existence of the default of the obligee have not occurred. Therefore, the judgment is legally wrong. In the present case, the claimant should have brought an action for the protection against unwarranted interference.