Senden Başka, Senden Başka...

Do those words sound familiar? 'Back to that later. Loosely speaking, the words convey the idea that NO OTHER PERSON will do for my heart. That's interesting for love and friendships, but what does that idea have to do with the law? Well, there are situations in the law when NO OTHER THING will fulfill the terms of a contract. We call this concept "specific performance."

What does "specific performance" mean? It kind of means "Senden Başka" in legal terms. It means that if you enter a contract for something rare, special, or unique, nothing else will fulfill that contract. As you might guess, this does not apply to ordinary contracts for goods that are commonly bought and sold. Printer paper is not special or rare. If someone breaks a contract to deliver 100 cases of paper to a company's office, it's no big deal. The company will look elsewhere for the paper.

The concept could hold true in a contract for four 5,000-gallon tankers delivering fuel to a gas station, 200 lbs of onions to a restaurant, or 1,000 gallons of paint for a ship. If someone fails to deliver, these things could easily be found through other suppliers. They aren't unique.

But what if the goods are rare antique jewelry that had ties to Topkapi Palace. What if the goods were a yali on the Istanbul waterfront that dated back to pre-World War I days. If someone breaks a contract for those things, the other side can't go and find a substitute. That jewelry is special and has historic value. That yali is "one of a kind." There are beautiful homes in Ankara and Kars... but if the buyer wanted THAT PARTICULAR YALI, that's the only thing that would satisfy the contract, like these homes... Boğaziçi Yalıları https://youtu.be/4cS-I7AphJQ?si=qmRNDLn-ht5e03xS This is how specific performance works.

Most ordinary contracts have things that can easily be substituted... or at least be made up for in money compensation. But for special goods that are "Senden Başka," nothing else will do, when the goods are the type of things in a will passed down from one generation to the next. ATATÜRK'ÜN VASİYETNAMESİ https://www.communityabroad.com/turkish/post/1000000050310 That's why it could be difficult to get out of a contract where specific performance is involved - BU SÖZLEŞMEDEN ÇIKABİLECEK MİYİM? https://www.communityabroad.com/turkish/post/1000000053386 The legal doctrine of specific performance could be used to force the sale of the goods. And about those words in the title of this article... Füsun Önal - Senden Başka https://youtu.be/W-704ks3fmM?si=fO2DjgJGeE22iUFv

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Avukat Timur Akpinar

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