As a result of the economic difficulty that comes with the COVID-19 outbreak, many cafe and restaurant owners, which had to operate limited, have been dealing with hardship by the current lease contracts. In this regard, we can talk about Article 138 of the Turkish Code of Obligations numbered 6098. This article is regulated as, “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 to adapt the contract to the new coronavirus conditions. In contracts of continuing obligations debtor shall terminate the contract.” Read more..
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