Temporary impossibility in Turkish law

The institution of impossibility is regulated in both the Code of Obligations No. 818 and the Turkish Code of Obligations No. 6098, which entered into force on 01.07.2012, under the subtitle of "performance obtacles" of the Turkish Code of Obligations. All of the related provisions within the aforementioned regulations are about the conditions in which the state of impossibility is definite and continuous. On the other hand, these codes do not possess ant provisions regarding the temporary impossibility, in which the impossibility exists for a certain period of time and is known to cease to be in the future. The lack of such a proivision caused debates on which provisions should be applied in cases where temporary impossibility is the matter of concrete cases. In this study, initiallythe consept of impossibility and its types are adressed. Following that, the similar consept of "hardship" is explained and also the difference between the concept of impossibility and hardship is discussed. In the second part, circumstances in which temporary impossibility exists are examined based on various possibilities. Following that, the differences of temporary impossibility and similar consepts are dissociated and problems that may arise in terms of some contract types are determined. In the last part, solutions, proposed within the doctrine, to be applied in case of temporary impossibility are discussed and a our suggested solution proposal is brought within the legal structure of the temporary impossibility.