ERDEM-NEWSLETTER-2018-metin

59 COMMERCIAL LAW of the TCC. Therefore, it is argued in the doctrine that this provision should not be interpreted in such a way that it discharges the debtor from making interest payments in cases the debtor is not at fault to be in default. In this respect, it should be accepted that the creditor may claim default interest stipulated in the Code numbered 3095 even if the debtor is not at fault in delaying the performance of his obligations. Conclusion In line with the 2011/7/EU Directive, in order to prevent late payments and protect small and medium-sized enterprises that supply goods and services against strong enterprises, Article 1530 of the TCC stipulates that the debtor who fails to pay its debts in time goes into default without the necessity of notice, and that the creditor is entitled to default interest. Thus, the debtor goes into default without the notice of the creditor and is obliged to pay interest even in cases where a specified payment term is not agreed in the contract.