Temporary impossibility of performance

There are regulations regarding permanent and partial impossibility in the Turkish Code of Obligations. However, there is no legal regulation regarding the temporary impossibility of performance, which is temporary but definitive and insurmountable in the process it exists. For this reason, temporary impossibility has been shaped by doctrine and judicial decisions. Since there is no legal regulation regarding temporary impossibility, the legal consequences of temporary impossibility are controversial in the doctrine. In case of temporary impossibility, since late performance comes to the fore due to the possibility of performance occurring later, it approaches the debtor's default, and the provisions of impossibility as it is a temporary but definitive and insurmountable obstacle to performance for that period. However, temporary impossibility is a sui genereis type of impossibility. In our study, the concept of temporary impossibility is explained and the criteria for determining temporary impossibility are presented. The legal consequences attributed to temporary impossibility have been examined in the light of doctrinal opinions and Supreme Court decisions and a solution has been tried to be proposed.