Force majeure

Force majeure (mücbir sebep in Turkish) is an event arising after a contract is formed that is outside the obligor's control. Its legal basis in Turkish law is Turkish Code of Obligations art. 136: 'If performance of an obligation becomes impossible for reasons for which the obligor is not responsible, the obligation is extinguished.'

Four conditions must be met for an event to qualify as force majeure: (1) it must not stem from the obligor's fault; (2) it must be unforeseeable; (3) it must be unavoidable; (4) it must cause impossibility of performance. Events that merely make performance more difficult do not qualify; those fall under 'excessive performance difficulty' (TBK art. 138 — adaptation suit).

Typical force majeure examples: earthquake, flood, war, revolution, government prohibitions, epidemic (Turkish courts have accepted COVID-19 as force majeure). By contrast, currency fluctuations, raw material price increases, or labor shortages are usually not force majeure — they fall under excessive performance difficulty.

In rental contracts, the force majeure clause should cover: (a) which events qualify (earthquake, epidemic, government prohibition — the list should not be exhaustive); (b) notice period when force majeure arises (typically 7–15 days); (c) the contract's fate (suspension, termination, adaptation). Akitle templates include these three components as standard.