ERDEM-NEWSLETTER-2018-metin

56 NEWSLETTER 2018 In cases where the payment period is explicitly agreed to in par- ties’ agreement, the lawmaker stipulates, in accordance with the pur- pose of protecting the creditor, a maximum limitation period regarding the payment date specified in the contract. As per Article 1530 /5 of the TCC, the payment period shall be a maximum of sixty days as from the receipt of the invoice, or an equivalent payment request or procurement of goods or services, or upon the completion of the re- view and acceptance procedure. In this scope, the performance period of the pecuniary debt is limited to sixty days in contracts concluded between two commercial enterprises, for the procurement of goods and services. On the other hand, an exception to the sixty days’ maximum period is stipulated in the related provision. Accordingly, the parties may stipulate a payment period greater than sixty days, provided that they agree on this issue, explicitly, and it does not constitute a grossly unfair situation. Nevertheless, in the event that the creditor is in the position of supplier, and is an SME or agricultural or animal producer, or if the debtor is a large-scale enterprise, the payment period shall not exceed sixty days under any circumstances. If the parties stipulate a provision regarding the payment period in their contract that contra- dicts the regulations in this article, these provisions shall be rendered invalid. Default in Cases where the Payment Date or the Payment Period is not stipulated As per Article 1530/4 of the TCC, in the event that there is no agreement as to the date of payment and the payment period in the contract with respect to the payment of the monetary debt in the pro- curement of goods and services, the debtor shall go into default 30 days after receipt of the invoice, or the equivalent payment request. In this case, for default to be present, it is sufficient for the creditor to send the invoice and that the debtor fails to make the payment within thirty days from receipt of the invoice. In cases where the date of receipt of the invoice, or the equivalent payment request is unclear, the thirty day period shall commence upon the procurement of the goods or services by the debtor. On the other hand, it is stipulated that if the invoice is received by the debtor before