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ARTICLE · 17 OCTOBER 2018

Overdue Difficulty And Adaptation Cases Under Article 138 Of The Code Of Obligations

According to the Article 138 of the Code of Obligations No. 6098, "An extraordinary situation which is not foreseen by the parties at the time of the contract and which is not expected to be anticipated, ...

TurkeyFinance and Banking

According to the Article 138 of the Code of Obligations No. 6098, "An extraordinary situation which is not foreseen by the parties at the time of the contract and which is not expected to be anticipated, arises from a reason not due to the debtor and changes the existing facts at the time against the debtor in such a way as to violate the rules of honesty, If the debtor has not yet fulfilled his / her obligations arising from the excessive difficulty of the performance, the debtor shall have the right to request from the judge the adaptation of the contract to the new conditions and to revoke the contract if this is not possible. In contracts of continuing obligations debtor shall terminate the contract. This provision also applies to foreign currency debts."

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