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Legal Basis of Adaptation Lawsuits
The foundation of adaptation lawsuits is based on the principle of “Clausula Rebus Sic Stantibus” (things remaining the same) in international law. In Turkish law, this principle is regulated under Article 138 of the Turkish Code of Obligations as “Excessive Difficulty in Performance.”
According to this principle, if unforeseen and extraordinary circumstances arise after the conclusion of a contract that render one party’s performance excessively difficult, they may request the modification of the contract terms to reflect the changed conditions.
Scope and Conditions for Adaptation Lawsuits
Article 138 of the Turkish Code of Obligations sets the following conditions for filing an adaptation claim:
- The emergence of an extraordinary and unforeseeable situation after the conclusion of the contract.
- The situation must not be caused by the fault of the debtor.
- The extraordinary circumstance must make it unreasonably difficult for the debtor to fulfill the contract in accordance with the principles of good faith.
- The obligation must not have been fully performed, or the rights must have been reserved despite performance.
If these conditions are met, the debtor can request the court to adapt the contract to the new circumstances. If adaptation is not possible, the right to terminate the contract is granted.
Temporary Adaptation and Potential Issues
Courts may limit adaptation decisions to the duration of extraordinary circumstances. However, this may lead to certain challenges:
- Determining the Duration: It is often difficult to objectively determine when the extraordinary situation will end.
- New Disputes: Limiting the duration of adaptation may result in new disagreements after the period ends.
- Procedural Efficiency: While time limitations may be procedurally efficient, they may lay the groundwork for further disputes between the parties.
Conclusion
Adaptation lawsuits are a crucial legal mechanism that aim to strike a balance between the principle of adherence to contracts and fairness. Courts can issue adaptation decisions for the duration of extraordinary circumstances while aiming to protect the rights of the parties during this process. However, limiting adaptation decisions to specific durations requires careful evaluation in practice.
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