COVID-19 (Coronavirus), which was detected in Wuhan, China in December 2019, soon spread to other countries, including Turkey.
It has spread to many countries and reached the whole world. This negative situation experienced globally
In addition to posing a significant threat to health, it brings with it a number of social, economic, commercial and
It has also brought legal problems.
Considering the measures taken/restrictions imposed in our country, these economic and
One of the important issues that has been raised in close connection with trade issues is that the coronavirus is a
whether it will be considered as a force majeure event and depending on this evaluation
on the performance of contractual obligations.
First of all, it should be noted that, although the definition is not explicitly included in the legislation, the jurisprudence of the Court of Cassation and the doctrine
The concept of force majeure, which is shaped by the concept of force majeure, should be taken into account in advance at the time the contract is concluded and
as events that cannot be prevented as a result of external influences
can be defined. In this context, it may be mentioned that there are some main elements of force majeure;
(i) the force majeure was not caused by any fault on the part of the party asserting the force majeure; and
(ii) the force majeure event was unpredictable, and (iii) all
It is impossible to resist the force majeure event despite taking precautions. In addition to these
in addition, the Court of Cassation may also consider whether the event alleged to constitute force majeure is effective throughout the country, and whether similar
the impact on legal relations and whether the parties are merchants or not.
Concretely, the decision of the Court of Cassation General Assembly of Civil Chambers dated 27.06.2018
In the decision numbered 2017/1190 Esas and 2018/1259 Karar, force majeure is defined as “…the activity of the responsible or debtor
and the breach of a general norm of behavior or obligation, which occurs outside of its enterprise, is absolute and
an extraordinary, unforeseeable and irresistible event that inevitably leads to
events such as earthquakes, floods, fires, epidemics will be considered force majeure.”
stated.
It should be noted immediately that, in any particular case, a dispute arising from the coronavirus
as far as is known, it has not yet been subject to a judicial remedy and therefore the effects of the coronavirus have not yet been recognized as force majeure.
no decision has been found regarding the characterization of this reason as a cause of action. Nevertheless, the Court of Cassation
In the light of concrete testimonies and definitions accepted in the doctrine, the coronavirus is rapidly spreading worldwide.
is a disease that is spreading and for which serious/comprehensive measures are being taken.
It seems possible that it can be evaluated within the scope of force majeure as an epidemic disease
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