6098 Sayılı Türk Borçlar Kanunu Kapsamında Sözleşmenin Uyarlanması

Abstract

It is a requirement of the principle of commitment to the contract that the contract continues as agreed by the parties. If unforeseen and extraordinary situational changes occur after the establishment of the contract, it may become difficult to continue the contract as it was established. As a result of these changes in the situation, if it becomes difficult to expect one party to fulfill the requirements of the contract in a way that becomes contrary to the rules of honesty, the contract may be adapted. "Hardship in extreme performance" is regulated in Article 138 of the Turkish Code of Obligations. With this regulation, which is a general provision, it is envisaged that contracts will be adapted to changing conditions, and if there is no possibility of keeping the contract alive due to adaptation of the contract, the contract will be terminated. In our study, TBK Art. 138, the adaptation of the contract and the special provisions regarding adaptation in the Turkish Code of Obligations were examined and evaluated.