Temporary impossibility of performance and its legal consequences

In this study, it is examined that both under which circumstances temporary impossibility, that is not regulated under Turkish Code of Obligation, occurs and what kind of legal consequences it bears. The position of temporary impossibility between impossibility and default, has made its legal consequences disputable; this state necessitates a determination of an appropriate solution to temporary impossibility's features. In this context, the concept of impossibility and its types have been defined in general terms, in the first part of our study In the second part, the concept of temporary impossibility is explained and the criteria regarding determination of this concept's boundaries are presented. Moreover, in the same part, temporary impossibility is distinguished from other similar concepts. In the third part of our study, both suggested solution offers regarding legal consequences of temporary impossibility and the problems which may caused by these solutions are examined, and it is studied to present an appropriate solution in the scope of the performance obstacles regulations adopted by Turkish Code of Obligation.