İnitial impossibility in the contracts which expose debt

SUMMARYThe human beings have to face various needs both in their daily lives and in theirprofessional lives everyday. These needs can be overcome by dept relations withothers, especially by establishing contracts. The contracts are legal transactionswhich create dept relations between the parties by the declaration of mutualagreement and consent. The subjects and objectives of the contracts are the activitiesto meet the parties? needs. According to the Turkish Code for Debts, the parties arefree for signing a contract; choosing the contracting party and determining thesubjects of the contract. This is called the Principle of Freedom for Contracts.However, in some cases, this principle is limited. One of such limitations is the?impossibility?.Impossibility may be defined as the actual or legal restrictions that do not allowthe debtor or another person to repay the debt in an objective, continuous and definiteway from the beginning on.The subject of our thesis is the impossibility, which is defined as the failure in theaction by anybody, including the debtor, and before or latest during the establishmentof the contract due to existing objective, continuous, actual or legal hindrance.According to the dominant opinion in this doctrine, the initial impossibility isexamined under two subtitles: the initial objective impossibility and the initialsubjective impossibility in regard to the criteria whether the action can be realised ornot realised by the third persons, including the debtor. There are different legalresults of these two types of initial impossibility.In this regard, the initial impossibility, causing the invalidity of the contract whichis a tool for meeting the requirements of the people, has a great importance in debtrelations.viiWithin the frameworks of these explanations; our thesis consists of oneintroduction, three sections and one conclusion. In the Introduction of our thesis, theconcept of impossibility; in the first section, the types and elements of theimpossibility; in the second section, the types and elements of the initialimpossibility in the contracts, creating debt relation and the proof of impossibility;and in the third section, the judgements and results of the initial impossibility hasbeen discussed. In the conclusion section, we have emphasized the points which wefound important during our research.Key Words: ?impossibility?, ?initial impossibility?, ?subjectiveimpossibility?, ?contract?viii