Impossibility of Performance

Work becoming impossible differs from the debtor not wishing to perform it or finding it more expensive. When impossibility arose, whether it is permanent, and whether attributable to the debtor must be identified. This affects continuation of the obligation, restitution, and compensation.

Initial and Subsequent Impossibility

Impossibility existing when the contract was made differs from later impossibility. Whether the obligation concerns a specific thing or generic goods also matters. Inability to perform using only the debtor's own resources does not invariably extinguish the obligation. For temporary impediments, delay's effect on the contractual purpose requires separate examination.

Liability and Restitution

Under Article 136 of the Turkish Code of Obligations, subsequent impossibility not attributable to the debtor may extinguish the obligation where conditions are met. Return of counter-performance received and savings made must be assessed. If the debtor is responsible, compensation may rest on a separate basis. Duties to notify and prevent increased loss must also be reviewed.

Partial Impossibility and Adaptation

If only part is affected, the remaining part's contractual role and the parties' purpose must be examined. If performance remains possible but has become exceptionally difficult, adaptation is considered under different conditions. We assess the impediment's date, technical and legal causes, contractual risk allocation, and payments together.

Documents That May Be Prepared for the Initial Review

• Records showing the impediment's occurrence
• Contractual risk and force majeure provisions
• Notices
• Payment and delivery status

Submit Your Matter

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