Non-performance of the debt due to force majeure

The subject of this dissertation is "non-performance of the debt due to force majeure". Force majeure, which is rooted from Roman law is an important concept significantly for long-term contracts. Force majeure is neither regulated nor have its effects set forth in Turkish Code of Obligations No. 6098. According to the opinion that prevails in the doctrine, force majeure can be described as an event which is inevitable and unforeseen at the time of the contract concluded that cause the non-performance of the debt. Force majeure might be either continuous or temporary. When a force majeure event which is continuous occurs, it is impossible for the obligor to perform his debt. On the contrary, if force majeure is temporary, it is still possible for the debtor to perform when the temporary force majeure event ends. Temporary force majeure only causes the postponement of the performance. In this case, the obligor must perform his debt after the temporary force majeure ends. Turkish legal system doesn't contain a uniform "breach of contract" concept. Therefore, legal institutions that is applied to continuous and temporary force majeure are different. The continuous force majeure causes the impossibility which the debtor is not responsible (Turkish Code of Obligations Art. 136). Whereas if the obligor isn't able to perform his debt due to temporary force majeure, he will be in default without fault (Turkish Code of Obligations Art. 117). However, the obligee can't request the default debtor to perform until the temporary force majeure ends. Keywords: Force majeure, temporary impossibility, continuous impossibility, default of the debtor, impossibility for which the debtor is not responsible.