9 avril 2014
Client Alert | Turkey - Contract Law | April 2014
The Turkish Code of Obligations (TCO) No. 6098, which entered into force in July 2012, introduced major changes and novelties to the Turkish legal system.
One such innovation is the adaptation or rescission of contracts due to excessive difficulty in performance (Hardship), which was given legal basis in the new Turkish Code of Obligations. While the concept of excessive difficulty in performance was mostly recognised as a legal doctrine by scholars, and some Appeal Court decisions indicate different views as to its scope, Article 138 of the TCO gives Hardship a legal basis in general contract law.