The Importance of Timing in Placing the Other Party in Default

Under Article 117 of the Turkish Code of Obligations No. 6098, the debtor of a debt that has fallen due is placed in default by the creditor's notice. In unjust enrichment the debtor is in default from the date of the enrichment, and in tort from the date on which the act occurred. In unjust enrichment without bad faith, notice is required for default. In order to establish beyond doubt that default has occurred and on what date, it is important, particularly where the creditor's notice is required, to determine whether and when it reached the addressee.