Force majeure in the European Union and Turkish Law

Force majeure is caused by external factors, independent of human will, and it eliminates the causal link between the damage and the event which results in the removal of debt. It is a phenomenon that has an extraordinary, unusual and unpredictable nature which exceeds the obligations of individuals to take measures, as it cannot be prevented despite all the preparatory steps that can be taken regarding a force majeure event. Although some regulations have been introduced into the law that identifies the force majeure conditions, force majeure has not been defined as a concept, instead, it has been defined through its elements. Nowadays, we can witness the importance and effects of force majeure through real-life examples such as the Covid-19 pandemic, fire and flood incidents which took place throughout the country and, most recently, the Ukraine-Russia war. The first part of the study defines force majeure by referring to its elements, the second part analyses force majeure in different branches of law, and further explains the effect of technological developments on the elements of the concept of force majeure and the way in which those developments influence administration's service fault matters. The last part of the study attempts to explain the elements of force majeure, its effects on legal responsibility and payment of a debt, situations that lose their force majeure nature in the process, and the newly emerged force majeure elements by referring to cases and events in the decisions of the High Court of Appeal, Council of State and the Court of Justice of the European Union. Keywords: Force Majeure, Elements of Force Majeure, Fault of Service, European Union Court of Justice, Primary and Secondary Norms, Directiv