1st Law & Political Science Conference, Vienna

EXTREME PERFORMANCE IN TURKISH LAW

SELIN SERT SÜTÇÜ

Abstract:

Since the last quarter of the nineteenth century, the unpredictability principle or imprevision theory and the overturning power with its most general name has become one of the most important issues of private law. It is based on the principle of adapting to new conditions if conditions change (clausula rebus sic stantibus) in order to soften the results which may occur when tightly adhered to the principle of Ahmed falla. In situations considered as casual fortuits but not in force majeur, if other conditions have taken place, it becomes meaningful for the judge to intervene in the contract, or even to adjust it according to changing circumstances, under the name of hardship. In the event of the occurrence of the unforeseen circumstances of the contract, the contract shall be requested by the judge to intervene in the contract, and the judge shall decide to adapt the contract to the new conditions in the event of other conditions.

Keywords: extreme performance

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