COVID-19 (Coronavirus), detected in December 2019 in Vuhan, China, soon included
it has spread to many countries and reached all over the world. This global negative situation is human in addition to posing a significant threat to its health, it also carries with it a number of social, economic, commercial and it also brought legal problems. Considering the measures/ restrictions taken in our country, the economic and one of the important issues raised closely in connection with commercial issues is that coronavirus is a depending on whether it will be evaluated as a state of force majeure and this assessment
it relates to how the impact of contractual acts will be on performance.
First, it should be noted that the definition is not explicitly included in the legislation, but the case law and doctrine of the Supreme Court the concept of force majeure, formed by, must be taken into account in advance at the time of conclusion of the contract and its as a result of events that cannot be prevented and are caused by external influences it can be identified. In this context, it can be mentioned that there are a number of main elements of force majeure.; these (i) did not come from a defect caused by the party suggesting force majeure, and (ii) the state of force majeure is unpredictable and (iii) all although measures have been taken, it is impossible to resist force majeure. Besides these the row follows the Supreme Court’s decision on whether the incident, which allegedly caused Force Majeure, was effective across the country. It is seen that it also evaluates criteria such as their impact on legal relations and whether the parties are merchants.
It is worth noting in concrete terms that the General Assembly of the Supreme Court of Law issued on 27.06.2018 Force majeure in Decision No. 2017/1190 and Decision No. 2018/1259; ” … responsible or debtor’s activity and an absolute violation of a general norm of behavior or debt that occurs outside its business, and an extraordinary one that inevitably leads, cannot be predicted and resisted event.”events such as earthquakes, floods, fires, epidemics will be considered force majeure by being defined as references It is immediately worth noting that a Coronavirus-induced discrepancy in any specific specific event as far as is known, it has not yet been moved to a judicial path, and therefore the force majeure of the effects of coronavirus no decision has been made as to why. However, the Supreme Court’s above in light of concrete statements and definitions adopted in teaching, coronavirus is rapidly occurring around the world given that it is a disease that has spread and serious/ comprehensive measures have begun to be taken, it seems possible that it can be evaluated as an epidemic within the scope of force majeure.