Impossibility of performance in theoretical aspect

In the scope of this study, the impossibility of performance is treated conceptually. It is aimed to explain the relationship between the impossibility of performance that terminates the debt automatically and the other legal institutions that are closely related to it. In particular, the difficulty in determining the boundary between subjective impossibility, extreme hardship and the collapse of the underlying basis of the transaction has required the criteria for distinguishing these institutions from each other. As extreme hardship and impossibility of performance are regulated by different dispositions in the Turkish Code of Obligations, the effort to provide explicit criteria to distinguish these institutions is also important from a practical point of view. In this context, in the first part, the impossibility of the subject and the impossibility of the result of the performance are examined, and in the second chapter the impossibility is evaluated in terms of the acts of performance. The third part is devoted to the distinction between objective and subjective impossibility, which is a controversial subject in the law doctrine. In the last section, the types of impossibility are explained. Finally, regarding the impossibility of performance, an upper distinction which is considered to be employed is proposed.