First of all, it should be noted that a written contract between the parties within the framework of the established commercial relationship.
Although there is no or there is a written contract, there is no force majeure clause in this contract.
Even if there is no regulation, if a force majeure has occurred, it depends on the force majeure.
legal consequences will be applicable to the parties.
In this case, whether a regulation regarding force majeure has been decided by the parties or not.
In the event of a force majeure event, as a rule, neither party undertakes
failure to perform or delay in performing any of the acts due to force majeure
as a result of his inability to perform or delay in performing this act against the other party.
will not be responsible.
2nd
However, it should be emphasized that the occurrence of a force majeure situation is always a primary concern.
will not produce this result on its own. Because, instead of the action undertaken with the realization of the force majeure,
In all cases, there must be an appropriate causal link between It
In this context, the causal link, the ability to perform the performance has been broken due to force majeure/
means that it has become unmanageable. On the other hand, the causal link
The cause must be proved by the exposed party.
For example, in a sales contract, due to the effects of the coronavirus, the seller or the manufacturer company
problems in the production line or delays that may occur at customs
There is a high probability of delay in the delivery of the product for which it is committed to deliver. It
In this case, he/she may perform his/her performance as long as he/she proves that the delay was due to the effects of the coronavirus.
contractual responsibility for his failure or delay in performing his act.
should not be born.
When the example in the above paragraph is examined in terms of the buyer, the coronavirus effects of the buyer
claiming that he will not perform or delay in performing the sales price due to
Considering its nature, it should be evaluated more carefully. Because the buyer, the effects of coronavirus are seen
always has the opportunity to pay his money debt, so with the effects of coronavirus
Proof that there is an appropriate causal link between the non-fulfillment of the money debt undertaken
becomes more difficult. In this case, for example, due to the coronavirus effects of the buyer, certain banks
If it proves that it has been closed for a period of time, the payment will be made during the period when the banks are closed.
It should be accepted that it can delay its performance.
To give another example, due to the effects of the coronavirus, the performance of the acts depending on the person, travel
performance of the party exposed to force majeure
contractual responsibility for his failure or delay in performing his act.
should not be accepted.
Of course, when making an assessment in this context, how much of an impact the coronavirus has created and
Whether existing business activities in the region affected by the coronavirus have come to a standstill.
should also be looked at.
In conclusion, it should be emphasized that if the effects of coronavirus are accepted as force majeure,
Whether there is an appropriate causal link between the force majeure and the performance undertaken by the parties,
the nature of the relationship, whether the parties were affected by force majeure, and if so, to what extent,
All commercial transactions, including the nature of the parties’ performances, the terms of the performances and the starting dates of the maturities.
Considering the circumstances, each concrete commercial relationship should be evaluated separately. Because here
Considering various factors, including those listed, the impact of the coronavirus on each contract is the same.
will not. It should also be noted that in case of force majeure circumstances, the termination of the contract/
The exercise of the right to withdraw from the contract should also be examined for each concrete commercial relationship.
is in need.
