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Dear all,
I was recently involved as a attorney into a case for collecting a debt of money arose from the loan agreement (non-commencial). The case faced with a conficts of law and therefore it was recognised that a substantial law of Republic of Turkey must apply.
The questions are:
1) What is the legal cause to apply interest rate for non-payment? (i.e. art. of the Turkish Code of Obligation)
2) What article defines a rate of interest? (Turkish Code of Obligation and/or special law).
Many thanks to anybody for answers.
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Dear Roman,
1. The Turkish Code of Obligations Numbered 6098 (in Turkish: 6098 SAYILI TÜRK BORÇLAR KANUNU) Article 117 is about conditions of “DEFAULT OF DEBTOR” . Let me tell what this Article says; Normally debtor of a due debt goes into default by being serviced warning of the creditor. But if performance (payment) day of a debt has been specified by a contract together by both parties, the debtor goes into default when that period expired.(No need for warning).
2. There is a special (short) law named “The Law Numbered 3095 Regarding Legal and Default Interest” (in Turkish: 3095 SAYILI KANUNİ FAİZ VE TEMERRÜT FAİZİNE İLİŞKİN KANUN). Article 2 of this law says; “Debtor who goes into default in paying of an amount of money, unless otherwise specified by the law, has to pay default interest according to the rate defined in the first Article of this Law".
3. Since your loan agreement is non-commercial, legal interest will be applied as default interest to your case. Legal interest rate is determined by the Council of Ministers from time to time and it is 9 per cent since January 1,2006.
Best regards.