Master'sOpen Access

Effects of force majeure, harship and the COVID-19 pandemic process on leasing&tenancy contracts

2021
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Advisor: Doç. Dr. Selin Sert Sütçü

Abstract (EN)

The subject of our thesis is the basic concepts of the subject, the concepts of force majeure, hardship, and the effect of the pandemic on the lease&tenancy contracts in the Covid-19 process. While it is essential to protect the provisions of the lease agreements, which are arranged within the framework of the freedom of will and contract, within the scope of the principle of adherence to the contract, the exceptions to the principle of adherence to the contract, such as impossibility of performance and difficulty in performance, which occur due to extraordinary changes in the nature of force majeure, are interpreted one by one within the scope of the study. By defining the concept of force majeure and revealing its elements, evaluating the legal consequences, in which cases the concepts of impossibility of performance, in which cases the concepts of extreme difficulty are present and the difference between these concepts in cases of failure to perform the contract are revealed. In the content of our study, the legal nature of the Covid-19 pandemic, which we are currently in, was also discussed, and its effect on lease agreements was examined, and evaluations were made in line with precedent court decisions. In our thesis study, the lease/ tenacy agreements have been broadly discussed as a separate title, the obligations of the parties have been dealt with one by one and the effects of the Covid-19 process on these obligations have been evaluated. Key Words Basic concepts, Force Majeure, Hardship, Adherence to the contract, Lease/Tenacy agreement

Author

Sinan Yüksekdağ

How to Cite

Sinan Yüksekdağ (Master Thesis). Effects of force majeure, harship and the COVID-19 pandemic process on leasing&tenancy contracts, 2021, Antalya Bilim University.

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