Subsequent impossibility of performance in the contract of work

The work contract is regulated under Articles 470-486 of the Turkish Code of Obligations. The parties to the contract are the contractor and the customer. The obligations that the parties are obliged to fulfill within the scope of the contract are to create a work and to pay a price. In this context, while the contractor creates the work, the customer pays a price in return. On the other hand, certain reasons that prevent the obligor from fulfilling its performance result in the impossibility of performance. In this sense, the subsequent impossibility of performance arises after the conclusion of the contract and makes it impossible for the obligor to perform. The cause of the subsequent impossibility of performance in a contract of work may be caused by the customer or the contractor. In this context, the performance of the work may become impossible due to an unexpected incident related to the customer or the death of the contractor or the loss of the ability to complete the work. On the other hand, it is also possible for the work to be destroyed before delivery. In this case, although it may be possible for the contractor to reconstruct the destroyed work, the possibility of reconstructing the work may be completely eliminated. In this respect, it is important to determine the elements that constitute the subsequent impossibility of performance in the contract of work.