Force majeure

Under Turkish law, force majeure (mücbir sebep) is an extraordinary event outside a party's sphere of activity that is unforeseeable, unavoidable and makes performance impossible. Earthquakes, floods, war and widespread epidemics are typical examples.

Because it eliminates fault, force majeure can relieve the debtor from liability for delay or non-performance. Where performance becomes permanently impossible, the obligation is extinguished; where the impossibility is temporary, performance is suspended until the obstacle ceases. Commercial contracts usually contain a clause defining qualifying events and notification procedures.

Not every hardship qualifies: cost increases, currency fluctuations and supply difficulties generally fall outside force majeure and may at most justify a claim for adaptation of the contract.