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    (İstanbul Bilgi Üniversitesi, 2021) Aksu, Ezgi; İnceoğlu, Mehmet Murat
    ABSTRACT: The defence of non – performance that is included in the second section, first distinction of the Turkish Code of Obligations (TCO) under the title of synallagmatic contract in article 97 titled order in performance. Although the statement of the defence of non performance is not mentioned in the article, it is referred to as the defence of non – performance of obligation / the defence of non – performance/ exceptio non adimpleti contractus in the doctrine. The defence of non – performance cannot be asserted in every contractual relation. Certain conditions are sought in order to be able to assert the defence of non – performance. Accordingly, in mutual contracts, if one of the parties is not obliged to perform first, performances are mutual and due and failure to tender performance or perform by the other party, the defence of non – performance will provide the right to refrain from the performance of the contract. In the first part of this study, the notion of exception, the history development of the defence of non – performance, the way of regulated in TCO, its place in comparative law and its appearance in international law, legal characteristic and function and lastly comparison with similar concepts such as objection, barter and so on are included. In the second part, the conditions of the defence of non performance are arranged. In the third part, in order to convey how the defence of non – payment implement in practical life, the implementation area in typical contracts especially sales and lease agreements and the effects of Covid-19 on contracts are examined. In the forth part, specifical statuses such as the transfer of the receivable, assumption of debt, contract for benefit of third person are discussed. Finally, in the fifth chapter assertation of the defence of non – performance and the results of the assertion of the defence of non – performance are examined.