First, it should be noted that a written contract within the framework of a commercial relationship established between the parties although it does not exist or has a written contract, this contract is related to force majeure even if the regulation is not included, if a force majeure has occurred, it depends on the force majeure. legal consequences can be applied from the point of view of the parties. In this case, whether an arrangement on force majeure has been agreed by the parties
regardless, if a state of force majeure occurs, as a rule neither party undertakes
failure to perform any of the acts due to force majeure or delay in performing
as a result, due to the inability to perform or delay in performing this act against the other party
he won’t be responsible.
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However, it is important to emphasize that the realization of a state of force majeure is always headed it’s not going to result in that. Because, instead of the action undertaken with the realization of force majeure in any case, there must be an appropriate causal link between the inability to bring it. This in context, the causality bond is impaired due to force majeure of the ability to perform the act/ it means that it has become unfulfilled. On the other hand, the causation bond, force majeure
it must be proven by the party exposed to the cause.
For example, in a sales contract, the seller or the manufacturer company due to coronavirus effects
problems in its operation, production line or delays that may occur at customs
the probability of delay in delivery of the product due to which it is committed to delivery is quite high. This as long as the case proves that the delay experienced was caused by coronavirus effects, the performance of the act a contractual liability for failure to perform or delay in performing its work he must not be born.
When the sample contained in the above paragraph is examined in terms of the recipient, the recipient’s coronavirus effects due to the fact that it claims that it will not perform the sale price or will be delayed in performing money debt it should be evaluated more carefully when its nature is taken into account. Because the recipient, coronavirus effects are observed even if the money is always able to pay off the debt, so with the effects of coronavirus proof that there is an appropriate causal link between the non-fulfillment of the assumed money debt it is becoming more and more difficult. In this case, for example, due to the coronavirus effects of the recipient, banks are certain
if it proves to be closed for a period of time, payment during the period during which the banks are closed it should be accepted that it may delay its release.
Another example is to give, travel due to the effects of coronavirus due to the performance of human-related acts, if it cannot be performed due to an obstacle, the performance of the party subjected to force majeure a contractual liability for failure to perform or delay in performing its work it must be accepted that he will not be born.
Of course, when making an assessment in this context, how much effect coronavirus has and
whether current commercial activity in the geography affected by coronavirus has come to a standstill it should also be looked at.
As a result, coronavirus effects are considered force majeure.,
whether there is an appropriate causal link between the state of force majeure and the act undertaken by the parties, commercial
the nature of the relationship, whether the parties are affected by force majeure, and to what extent they are affected, all commercial, including the nature of the parties ‘ acts, maturities related to the acts and start dates of maturities taking into account the conditions, each specific commercial relationship should be evaluated separately. Zira, here the effect of coronavirus on each contract is the same when various elements, including those that are counted, are taken into account
will not be. It should also be noted that in the event of force majeure, the termination of the contract/ in the same way, the exercise of the right to return from the contract should be examined in each specific commercial relationship
he’s needy.