In short
A contractual penalty in the contract is not an item that sticks by itself on top of the invoice price, and it is read separately in enforcement. The penalty is a penalty tied to the debt not being performed at all, or not as it should be. An item is not chosen before a shortfall in performance is seen. The text says whether the penalty is claimed beside the principal debt or in its place, and silence does not add the two items together. An excessive penalty may be reduced. This text sets no rate and no percentage. A reduction amount is not written before the file is seen, and an objection day is not chosen either.
Standing beside, and standing in place
A sentence that it will also be paid and a sentence that one will be content with that are not the same result. In the first, the penalty may come beside the debt of performance, and this coming should stand expressly in the contract. In the second, the creditor may have to make a choice, and the choice is written on the enforcement request. Without it being written, the two items are not added together. The route without a judgment for an invoice sits in the account of enforcement of an invoice, and a progress-payment deduction sits in the text on a progress-payment claim. The penalty is not a copy of these two documents. A current-account statement does not produce a contractual penalty by itself either, and the balance on the statement does not stand in for the penalty clause.
The enforcement request separates the items
The skeleton of the enforcement request is in the account of enforcement without a judgment. If the penalty is not written separately in the request, it is not treated as added later to the invoice amount. The contract clause and the text of the request are read side by side. The petition does not invent an item that is not in the contract, and the word penalty in the heading does not build the clause. Service shows which sum went to the debtor. The figure on the service does not stand in for the sentence in the contract. If the set of documents is incomplete, it is not drawn whether the penalty stands beside the debt or in its place. The invoice alone does not close this separation.
Reduction stays with the judge
The statute leaves reduction of a contractual penalty found excessive to the judge. The reduction may be spoken of in the lifting of the objection or in an action for the claim, and it is not treated as having run by itself. The general door of an objection is in the account of an objection in enforcement. This body does not write that petition, and an objection day is not carried here either. A reduction rate is not chosen before the concrete contract and the shortfall in performance are seen. There is no rate and no percentage in this text. Partial performance does not zero the penalty by itself. Zeroing is read if the text says so. If the text is silent, the penalty item is chosen separately. Without the choice being written on the enforcement request, the two items are not added together.
A commercial sentence is separate from the enforcement item
Whether a contractual penalty will be claimed in enforcement is read without being pasted onto the same line as the invoice amount. A decision is not given while the signed contract clause and the enforcement request are not side by side. A current-account statement is not put in place of these two documents. That the office is in Çankaya does not choose the competent authority in this dispute. The district where the contract was signed does not by itself build the enforcement office either. If there is no penalty sentence in the application papers, the two items are not treated as added together. A round sum in the request does not create the clause either, and the figure on the service does not build the contract afterwards.
The two statutes carry two tasks
The basis is the Turkish Code of Obligations No. 6098 and the Enforcement and Bankruptcy Code No. 2004. The first text carries the ground of the contractual penalty. The second text carries the claiming of the receivable in the enforcement file. The two do not produce a ready percentage. A concrete sum is not chosen before the contract sentence is seen. The reduction of an excessive penalty does not become a figure before it comes before the judge, and a percentage does not come out of this silence either. The erasure of the penalty by partial performance is read only if the text says so. The name of the statute does not fill this silence, and a reduction amount is not written before it comes before the judge either.
Conclusion
A contractual penalty may be claimed from the sentence of the contract. It is not added by itself on top of the invoice, and reduction of an excessive penalty stays with the judge. There is no rate and no percentage in this text. Partial performance does not zero the penalty by itself. An objection day is not chosen either, and the invoice balance does not build the penalty clause. The frame sits on the enforcement and bankruptcy law page. Without the contract clause and the enforcement request, it is not said how the penalty will be claimed. The invoice balance does not close this lack. A current-account statement does not build the penalty sentence either, and the figure on the service does not create the clause afterwards.