Elektrik tedarik sözleşmelerinde bedel
Abstract
In Turkey, a systematic legal regulation for the electricity supply contracts has not been legislated yet. In doctrine, electricity supply contract covers the contracts between the wholesale producers and suppliers and the contracts between suppliers and end consumers and also the contracts between the network and system operator (TEIAS) and the market participant. Within this context, connection and system use contracts and peripheral service contracts are considered as electricity supply contracts in broad sense. Within this context of this study, only three types of the electricity supply contracts in narrow sense, bilateral contracts, market contribution contracts and retail sale contracts are analyzed. Those are bilateral contracts, market contribution contracts and retail sale contracts.Electricity supply contracts, due to its unique structure, are sui generis contracts. Therefore the rules for sale contracts are applied to electricity supply contracts mutatis mutandis.In bilateral contracts, the price can be determined independently by the parties or in case it is not determined, it deemed that the contract is concluded according to the current value. Within this respect, the price in bilateral contracts is almost same with the classic sale contracts. In market contribution contracts, since the unit price of the electricity is determined according to the day-ahead market and day-to-day balancing market, the price has a different and dynamic characteristic feature. Lastly, the price in retail sale contracts is determined according to tariffs approved by Energy Market 172Regulation Authority. The end consumers of the electricity have to bear some additional financial obligations in addition to the electricity price.In the event of default in electricity supply contracts; general consequences, specific consequences related to synallagmatic contracts and also the consequences related to the contracts including pecuniary debts find application. The consequences of default in electricity supply contracts differ from the specific consequences of default in contracts with instant performance, since they are a kind of perdurable contracts. Briefly, in electric supply contract which are began to be performed, in case the buyer gets into default, supplier may continue the contractual relationship by requesting default interest and, if any, collateral damage excessing the default interest together with the specific performance or may terminate the contract by requesting its positive damage. Apart from that, default of the debtor (consumer) in retail sale contract and market contribution contract is regulated in more detail with the secondary legislations. For instance, default of the debtor (consumer) causes only suspension of electricity in retail sale contracts and supplier is not entitled to terminate the contract. The reason for that is the principle of obligation to contract applies to retail sale contracts.