Adaptation of roofed workplace lease contracts

A contract is a legal transaction between two or more people that establishes a debt relationship. The lease contract, by the definition given in Article 299 of the Turkish Code of Obligations, is the contract in which the lessor gives the lessee the right to use something or to benefit from it together with its use, and the lessee undertakes to pay the agreed rental fee in return. What is leased in the roofed workplace rental contracts are the roofed workplaces, and the use of the roofed workplace is transferred to the tenant by the lessor. Pursuant to the principle of commitment to the contract, the contracting parties are obliged to comply with the provisions of the contract, regardless of what is concluded. When the terms and conditions of the parties change while the contract is concluded, the application of this principle may be contrary to the principle of honesty without exception. Some changes that arise after the contracts are concluded can make the continuation of the contract unbearable for the parties. In this case, if the other conditions in Article 138 of the Turkish Code of Obligations, which is a general provision about the adaptation of the contract, are found in the concrete case, it may be necessary to adapt the contract and sustain it. If it is not possible to sustain the contracts by adapting them, the right to revoke in the contract of instantaneous performance and to terminate in the contract of continuous performance can be used. In terms of our subject, since the roofed workplace lease contracts are contracts of continuous performance, it is not possible to adapt them, which may lead the contract parties to terminate the contract. Keywords: Hardship, Change of Circumstances, Adjustment, Lease Contract of Roofed Workplace, Covid-19 and Adaptation