Petition For Exact Performance Lawsuit
What is an Exact Performance Lawsuit and Why is it filed?
Exact performance lawsuit deals with the conditions, provisions and consequences of the debtor default regulated between Articles 117 and 126 of the Turkish Code of Obligations No. 6098. The dictionary meaning of performance as a word; is the termination of the debt by fulfilling the debtor’s debt. With this legal term as the fulfillment of the debt, the person in the status of debtor has been released from his debt by fulfilling his debt, and the creditor has received his receivable, so the debt – receivable relationship is considered to have ended. With the in-kind performance lawsuit, the creditor demands the performance of the debt from the defaulting debtor and the compensation of the damages arising from the delay.
In the event of default of the debtor, the creditor has a number of optional rights determined by law. It is important to pay attention to the terms of use of these rights and the concepts of positive and negative damages.
THE PLAINTIFF :
ADDRESS :
PROVOCATE :
ADDRESS :
DEFENDANT :
ADDRESS :
SUBJECT : Exact Performance (If not, Return of the Price) is Our Request.
EXPLANATIONS
1-) Our client purchased … m² parquet from the defendant for … TL … in order to have parquet flooring made.
2-) In article … of the sales contract signed between our client and the defendant on …/ …/ …, it is stated that the price of the parquet subject to the contract shall be paid on …/ …/ … at the … Bank … Branch of the defendant … numbered account by our client, and in the … article, it was agreed that the parquets subject to the contract would be delivered by the defendant to our client’s house at … … on …/ …/ … date. (ANNEX-1)
3-) Our client has fulfilled the obligation imposed on him by the contract. The bank receipt in this regard is attached.
4-) Our client has been in a difficult situation due to the fact that he could not receive the parquets to be used during the renovation of his house on time. For this reason, it has become necessary to apply to your court for the delivery of the parquet in kind, and if it is not possible to perform in kind, to take the parquet price paid from the defendant and pay it to our client.
LEGAL GROUNDS : 6098 S. Code Art. 123, 124, 125, 126.
LEGAL EVIDENCES :
1-) Sales contract dated …/ …/ ..,
2-) Bank Receipts
3-) … Notary Public’s notice dated …/ …/ … and numbered ….
4-) Expert Examination
CONCLUSION AND REQUEST
For the reasons we have explained above, we respectfully request on behalf of our client that the parquets purchased by our client with the sales contract dated …/ …/ … be delivered in kind, and if it is not possible to perform in kind, the paid parquet price of … TL. be taken from the defendant and paid to our client, and that the trial expenses and attorney’s fee be charged to the other party. …/ …/ …
ANNEXES :
1-) Sales contract dated …/ …/ ..,
2-) Bank Receipts
3-) … Notary Public’s notice dated …/ …/ … and dated … and numbered … journal.
4-) One Certified Power of Attorney.
Plaintiff Attorney