Assessments Of The Coronavirus In Terms Of Current Trade Relations
First of all, it should be noted that within the framework of the commercial relationship established between the parties, a written contract
or although there is a written contract, there is no provision in this contract regarding force majeure.
Even in the absence of a regulation, if a force majeure event has occurred, if the force majeure event is related to this force majeure event
The legal consequences will be applicable for the parties.
In this case, depending on whether the parties have agreed on an arrangement regarding force majeure
notwithstanding, in the event of the occurrence of a force majeure event, as a rule, neither party undertakes
fails to perform or delays in the performance of any of the obligations due to force majeure
as a result of the failure or delay in the performance of this obligation to the other party
will not be responsible.
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However, it should be emphasized that the occurrence of a force majeure event is not always in itself
will not lead to this result on its own. Because, with the occurrence of force majeure, the performance undertaken
a proper causal link between the failure to deliver is required in all cases. This
In this context, the causal link is established if the ability to fulfill the performance is impaired due to force majeure/
the situation has become unfulfillable. On the other hand, the causal nexus should be established
must be proved by the party exposed to the cause.
For example, in a sales contract, due to the effects of the coronavirus, the seller or the manufacturer
problems in the production line or delays in customs clearance
the likelihood of a delay in the delivery of the product that it has undertaken to deliver is quite high. This
in this case, as long as it proves that the delay is due to the effects of the coronavirus
contractual liability for failure to perform or delay in the performance of its obligation
should not arise.
When the example in the paragraph above is analyzed in terms of the recipient, the coronavirus effects of the recipient
the claim that he/she will not fulfill or delay in fulfilling the sale price due to his/her money obligation.
should be evaluated more carefully given its nature. Because the recipient is experiencing coronavirus effects
even if he or she is in debt, he or she always has the ability to pay his or her money debt, so with the effects of the coronavirus
proving that there is an appropriate causal link between the non-performance of the monetary obligation undertaken
more difficult. In this case, for example, it is possible that the recipient may not be able to access certain banks due to the effects of coronavirus.
the banks prove that it was closed for a period of time, payment during the period of closure
may delay the performance of an obligation.
To give another example, due to the effects of the coronavirus, the performance of performances that depend on the person, travel
cannot be realized due to the obstacle, the party subject to force majeure shall be obliged to perform its performance.
contractual liability for failure to perform or delay in the performance of its obligation
will not arise.
Of course, in making an assessment in this context, it is important to consider how much impact the coronavirus has had and
whether the current trade activities in the geography affected by the coronavirus have come to a standstill
should also be considered.
In conclusion, it should be emphasized that if the effects of the coronavirus are considered force majeure,
whether there is an appropriate causal link between the force majeure event and the performance undertaken by the parties, commercial
the nature of the relationship, whether the parties are affected by force majeure, and if so, to what extent,
all commercial transactions, including the nature of the parties’ obligations, the terms of the obligations and the commencement dates of the terms
circumstances, each concrete commercial relationship should be evaluated separately. Because, here
taking into account various factors, including those listed, the impact of the coronavirus on each contract is the same
will not be. It should also be noted that in case of force majeure circumstances, termination of the contract/
The exercise of the right to rescind the contract should also be examined in each concrete commercial relationship.
in need.
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