Payment Default Under the CISG in Sales to Turkish Buyers

If a Turkish buyer fails to pay under an international sales contract governed by the CISG, the seller should examine the payment terms, delivery evidence, whether the buyer raised timely objections and which remedies are available. Collection in Türkiye may still require enforcement, litigation or arbitration strategy.

Payment default occurs when the buyer fails to pay the price as required by the sales contract and the CISG. The seller may have remedies such as requiring payment, claiming damages, interest and, in serious cases, avoidance of the contract.

CISG Articles 53 and following regulate the buyer's obligation to pay and take delivery. Articles 61 to 65 address seller remedies. Article 78 addresses interest. Turkish law may be relevant to issues outside the Convention and to enforcement against Turkish assets.

Tribunals and courts examine whether the seller delivered conforming goods and whether the buyer's non-payment is justified by a valid defence. In Türkiye, later recovery also depends on procedural tools such as enforcement, mediation, litigation or arbitral award enforcement. This section deliberately avoids invented case numbers. Where a case-specific filing relies on precedent, the relevant Court of Cassation, regional appellate court or Constitutional Court materials should be checked against the current file and date of publication.

A frequent debate concerns interest under CISG Article 78 because the article grants interest but does not itself specify the rate. The applicable rate may require analysis under the governing domestic law or general principles, depending on the tribunal's approach.

The seller should establish the contract, goods, delivery, price, due date and lack of valid excuse. If the buyer alleges defects, notice under CISG Articles 38 and 39 becomes important.

Payment due dates come from the contract or the CISG. Defect notices and avoidance rights are time-sensitive. Procedural limitation and enforcement deadlines must be assessed separately under the applicable law and forum.

The forum depends on the dispute-resolution clause. The case may be before Turkish courts, foreign courts or arbitration. If the debtor's assets are in Türkiye, Turkish enforcement or recognition steps may become necessary.

Evidence includes the sales contract, order confirmations, invoices, bills of lading, CMR documents, customs records, delivery receipts, quality documents, payment reminders and buyer responses.

A seller should address the buyer's likely defence before filing. If the buyer claims non-conformity, the seller must show delivery quality, late notice or lack of causal connection.

Common mistakes include focusing only on invoices, ignoring CISG notice rules, failing to calculate interest properly and treating a CISG claim as a simple domestic debt claim.

Can the seller claim interest under the CISG?

Yes, Article 78 recognises interest, but the rate requires separate analysis.

Can the buyer refuse payment because of defects?

Possibly, but the buyer must prove the defence and comply with notice obligations.

Can the seller enforce in Türkiye?

If the Turkish buyer has assets in Türkiye, enforcement strategy should be considered.

Payment default cases under the CISG are strongest when the seller can prove both delivery and the absence of a timely, credible defect defence.

The correct legal route in these matters must be determined by reference to the date of the events, the legal position of the parties, the available evidence and the applicable statutory deadlines. Missing a deadline, applying to the wrong authority or presenting evidence in the wrong procedural form may cause loss of rights. You may contact Günser + Partners for an assessment of your matter under current Turkish legislation and court practice.