In the context of the COVD-19 health crisis, evaluation of the concept of force majeure in terms of commercial contracts

In the context of the COVID-19 epidemic, the concept of force majeure in the context of commercial contracts is an important concept which may possibly, in the event of a basis, exempt one of the parties from these responsibilities. Although the epidemic is qualified as a sudden event therefore validating the criterion of exteriority, it is still a question of whether it constitutes a case of force majeure. The question of how the measures and measures taken in the context of the COVID-19 outbreak affect business activities, temporary / permanent impossibility or suspension of execution raises the question of whether the default arrangements will be applied (or not). This study aims to examine the existence of a causal relationship between the impossibility of obligation / temporary impossibility of obligation and the COVID-19 epidemic. To this end, the circulars, directives, regulations, provisional articles and laws enacted by Turkey following the COVID-19 epidemic, declared a pandemic by the World Health Organization since March 14, 2020, have been examined. Although force majeure is a relative notion, the proof of its existence must be founded. In this sense, in addition to proving that the total / partial impossibility of fulfilling the obligation or the excessive difficulty of executing is directly linked to the COVID-19 epidemic, it is also necessary to prove that it bears all the characteristics of force majeure. In this context, we cannot say in advance that the COVID-19 epidemic constitutes a case of force majeure. In order to reduce possible conflicts, it is suggested that the legislator discuss the establishment of an ordinance similar to that put into force by France in 2016, allowing the "revision of contracts in the event of unforeseen circumstances". In order to resolve legal disputes, it is also advisable to take an example from the Council for the Promotion of International Trade of the People's Republic of China which issues a certificate of superior force to all those companies that have contacted international contracts. A similar document could possibly be issued to Turkish companies with international obligations.