Hardship Clause
"How do hardship clauses work in Turkish commercial contracts?"
Quick Answer
Hardship clauses allow renegotiation when circumstances change significantly. Turkish Code of Obligations recognizes adaptation of contracts due to changed circumstances.
Scope and Legal Distinctions
Hardship addresses an exceptional change that makes performance disproportionately burdensome; it is different from impossibility or ordinary commercial risk. Contractual adaptation and a statutory court claim require separate assessment.
What to Check in Practice
Record the original assumptions, changed circumstances and effect on performance; follow notice and negotiation provisions without assuming performance can stop unilaterally.
Sources & Authorities
Statutory framework and official guidance for this definition.
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