Adaptation of a Contract

Changed economic conditions or expensive performance do not allow every contract to be rewritten by a court. Hardship requires assessment of an unforeseeable extraordinary event, risk allocation, and good faith. Whether the obligation has already been performed also matters.

Difficulty and Impossibility Differ

Under Article 138 of the Turkish Code of Obligations, the original balance may have changed extraordinarily even while performance remains possible. A change not attributable to the debtor, expectations when contracting, and assumed risks must be examined together. Not every exchange-rate or cost increase has the same legal consequence. Adaptation clauses, price updates, and earlier supplementary agreements may matter.

Performance and Reservation of Rights

If the obligation was performed, reservation of rights arising from hardship may matter. A later statement that the price proved inadequate is insufficient. When the change arose and how it affected each performance must be calculated. In continuing contracts, the nature of the termination option may also differ from one-off transactions.

How Is an Adaptation Claim Made Concrete?

Comparison of original and current costs, sources of change, and negotiations must be documented. The claim must explain which contractual change is sought and why, rather than merely show total loss. We compare adaptation, performance on existing terms, and termination under their legal conditions, also examining expert assumptions in pending proceedings.

Documents That May Be Prepared for the Initial Review

• The contract date and pricing system
• Original and current cost records
• Reservation and negotiation notices
• Performance and payments made

Submit Your Matter

File review and representation are paid services. Scope and fees are agreed in writing before work begins.