First of all, it should be noted that a written contract is concluded within the framework of dec established commercial relationship between the parties
despite the absence or absence of a written agreement, this agreement does not contain a force majeure clause
even if the regulation is not included, if a force majeure has occurred, it depends on the force majeure
the legal consequences will be applicable from the point of view of the parties.
In this case, whether a regulation on force majeure has been agreed by the parties or not
in the event that a force majeure situation occurs, regardless of which, as a rule, neither of the parties undertakes
inability to perform any of the actions due to force majeure or delay in performing
as a result, due to the inability to perform this action against the other party or the delay in performing it
he will not be responsible.
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However, it is important to emphasize that the realization of a state of force majeure always begins
it will not have this result per se. Because, instead of the act undertaken by the realization of a force majeure
in any case, it is necessary to have a dec causality link between the inability to be brought in. This
in this context, the causality bond is broken due to force majeure of the ability to perform the act/
it means that it has become unfulfilled. On the other hand, the connection of causality, force majeure
the reason must be proved by the exposed party.
For example, in a sales contract, the seller’s or the manufacturer’s company’s liability for the effects of coronavirus
any problems experienced in its operation, production line or delays that may occur at customs
the probability of a delay in the delivery of the product due to which it is under the obligation to deliver is quite high. This
in this case, as long as it proves that the delay is caused by the effects of the coronavirus, the
he is contractually liable for his inability or delay in performing his act
it should not be born.
When the example in the above paragraph is examined in terms of the recipient, the coronavirus effects of the recipient
due to the fact that he will not fulfill the sale price or that he will be delayed in performing the money debt
considering its nature, it should be evaluated more carefully. Because the recipient has coronavirus effects
he always has the opportunity to pay off his money debt, even if it is, so with the effects of the coronavirus
proof that there is a proper causal link between the non-fulfillment of the money debt assumed and decoupling
it is becoming more difficult. In this case, for example, due to the coronavirus effects of the recipient, banks have certain
if it proves that it is closed for a period of time, the payment is made during the period when the banks are closed
it should be accepted that it can delay its performance.
If it is necessary to give another example, the effects of coronavirus are due to actions related to the person performing, travel
in the event that it cannot be performed due to an obstacle, the performance of the party subjected to force majeure
he is contractually liable for his inability or delay in performing his act
it must be accepted that he will not be born.
Of course, when making an assessment in this context, it is important to understand how much impact the coronavirus has had and
whether current business activities in the geography affected by the coronavirus have come to a standstill
it should also be looked at.
In conclusion, it should be emphasized that in the event that the effects of coronavirus are considered force majeure,
whether there is an appropriate causal link between the state of force majeure and the action dec by the parties, commercial
the nature of the relationship, whether the parties are affected by force majeure, to what extent is it affected,
all commercial transactions, including the nature of the actions of the parties, the maturities related to the actions and the start dates of the maturities
taking into account the circumstances, each concrete commercial relationship should be evaluated individually. Because, here
considering various factors, including the ones listed, the impact of coronavirus on each contract is the same
will not be. It should also be noted that in the presence of force majeure circumstances, the termination of the contract/
the exercise of the right to withdraw from the contract will also be examined in each concrete commercial relationship
he is needy.
