B2B Default, Interest, and Lump-Sum Penalty 'Acceleration' (Turkey)

Contracts shaped like "An administrative Late Fee Penalty of a heavy $10,000 monthly is applied to the AVM shop tenant who delays the rent even for a day" or "If you paid this month's rent late, the entire rental agreement amount remaining for a 1-year period will pass to the account in cash on that day to be paid at once (Acceleration/Muacceliyet)" in commercial leases in Turkey; even though they are thought of as legal commerce between giant holdings, HAVE BEEN ABSOLUTELY BANNED FROM ENFORCEMENT AND PROHIBITED BY LAW (VOID).

1. The

Barrier in the Prohibition of Acceleration and Prison Penalties Equating Consumer-Merchant Status

The most fatal B2B article, "The Prohibition of Amendments Against the Contract Art. 346": "No other payment obligation can be imposed on the tenant other than the rental fee and side expenses (from taking a commission from the invoice beforehand), especially - IT CANNOT BE AGREED TO PAY A PENALTY CONDITION (Lump-Sum Non-Interest Deduction from Turnover) In Case the Rental Fee is Not Paid on Time / Its transfer to the execution is delayed! And Agreements Made from the printed corporate paper signed that All forward Rents (for example, for the remaining 6 months of the year or the total for all 5 years) whose maturity has not even come yet will be Collected in Cash at Once (Will Become Accelerated/Muaccel) are COMPLETELY INVALID, THAT MONEY CAN NEVER SEE COLLECTION WITH SET-OFF AND CANCELLATION FROM THE JUDGE'S EXECUTION APPROVAL!".

It is a one hundred percent valid order and has destroyed the "Making them pay in a single violation" armors of AVM owners.

2. The Only Usable Sword in the Market: "Commercial Default Interest" (Inflation Protection)

If there is no "Penalty Cutting Invoice" (Prohibited), no "Asking for the Whole Year in Cash (Acceleration Prohibited)", and if the commercial Holdings will be badly crashed and harmed due to inflation because their money is not paid on the 15th of the month and the tenant is 3 months late, the Only and strongest Legal B2B legal Trump Card left backward to Protect the Property Investor without falling into the slightest doubt in the Court and whose collection can occur immediately: "Request for Money Value Receivable with Daily calculated Commercial Default Advance Interests (B2B TCC 8 Articles)!".

• Unlike residential properties, the Law has strongly freed the prevention of inflation damage "when the parties in Commercial (Interests) are Merchants / Companies"! (TCO art.120).
• TCC Framework: Lawyers of investment fund goods and properties in the contract will execute "Interest and (With VAT additions etc. from daily rate) from the RATE OF DEFAULT ADVANCE INTEREST TO BE APPLIED IN COMMERCIAL TRANSACTIONS Last announced by the CBRT (Central Bank) Annually and periodically for the day delayed in accordance with TCO and TCC in the contract"; and Also when an invoice for creating debt by counting days is issued as "Contract High Interest" specially chosen (Freely Chosen Contractual) by the Institution to the Institution at a rate like %30 / %40 in Delay, Commercial Courts (knowing its budget as a Merchant firm keeping it separate from the consumer, doing it with intelligence) approving it (Bank inflation to the Property owner) do not refrain from Execution Collection and pass it freely. (The legal exit tactic of property owners to the institution without bankrupting with interest is writing strict high delay INTEREST OPERATIONS in the contract! It is the WRITING IN THE LANGUAGE OF INTEREST instead of this penalty which is not prohibited OOO B2B RULE).

Return to the Commercial Law Guide Overview预览不可用.