Borca aykırlık hallerinden kusurlu ifa imkansızlığı ve hukuki sonuçları

Abstract

Since the performance impossibility which can be defined as the impossibility of the performance of the deed existing at the time of the conclusion of the contract on the deed time due to a reason arising from the debtor is not particularly specified in our Code of Obligations, it is included in article 96 of the Code of Obligations which regulate the non-performance or improper performances. In the doctrine, impossibility with many types developed has been specified as the impossibility at the beginning or in the end according to the time it occurred; objective-subjective impossibility according to the environment affected; faulty-faultless impossibility according to liability; partial-whole impossibility according to the rate the deed is affected; and permanent-temporary impossibilities according to their terms and different legal consequences has been involved according to these types of impossibilities. Furthermore, as for which consequence should be connected to the impossibility, conditions such as type obligations and limited type obligations, alternative obligations, money obligations, permanent obligation relations and futures with absolute and final terms express a special meaning. In case the performance of the deed by the debtor becomes impossible due to a reason generating from his own area of liability, the payee who is harmed due to such non-performance can request the indemnification of the positive damage from the debtor as well as demand non-pecuniary damages, replacement value and the penal sanction decided from the contract in case of failure of the terms and demand permission from the judge for himself in order to perform the obligation himself in some cases as the payee in deed obligations.