Force majeure in international commercial sales contracts

In its classical meaning force majeure is generally an event which makes the performance of an obligation impossible. A similar concept is hardship which makes the obligation not impossible, but onerous. In case of hadrship the obligation is terminated, but in hardship it is possible to adapt the contract to the new circumstances and to perform the obligation.In the new legislations like the Principles of International Commercial Contracts which is drafted by UNIDROIT and European Principles of Contract Law in international commercial law, this classical meaning of force majeure has been changed. It?s possible in case of force majeure not to terminate the contract, but to adapt it to the new circumstances.We can see this new approach in the force majeure clauses of the modern legislations: Article 79 of United Nations Convention on Contracts for the International Sale of Goods, gives the obligee, the right to defend price reduction which means an adaptation of the contract. In article 7.1.7 of International Commercial Contracts which are established by the UNIDROIT (International Institute for the Unification of Private Law) in 1994, the obligee has a right even to withhold the contract. In article 8:108 of the European Principles of Contract Law which is established by the Commission on European Contract Law, first in 1995, it is possible to be exempted during the time of a temporary impediment. This means that when a force majeure effects the performance, itsn?t always terminated at once. The parties may wait for some time.The situation is similar in Turkish law. Force majeure doesn?t bring the contract to an end immediately. Due to a force majeure the performance of the contract may not be always impossible. Force majeure may some times delay the performance. Sometimes due to force majeure the creditor may receive defective goods. In all these possibilities the obligor is exemped from paying damages.In international commercial sales contracts the parties sometimes draft their own force majeure clauses in their contracts. In those conditions, there may be a problem of the validity of these clauses according to the law which will be applied to the contract. Some national laws are very supportive in doing this and in contrast some laws were very strict about it. Turkis law exampt the validity of these clauses if not they are against the mandatory rules and ordre public.