Hardship (article 138 Of Turkish Code Of Obligation numbered 6098)

In our law, the principle of liberty of contract is adopted. As per the principle of pacta sund servanda, the parties are bind with the conditions of the contract on which they agree with their own free will and the parties must fulfill their obligations regardless how much the conditions change. However, in case of substantial changes and if the necessary conditions are met after the conclusion of the contract, the adjustment of the contract can be applicable. The termination of the contract can be requested if the adjustment cannot be expected from the debtor or adjustment cannot be possible. Within this scope, the issue of "hardship" is regulated under the Article 138 of Turkish Code of Obligation numbered 6098 which was entered into force on 1st July 2012. The purpose of our work is to set forth the conditions of requesting adjustment or termination of the contract in case of facing with a hardship, after the contract entered into force. Keywords: Hardship, Adjustment of contract