A Review and a Case Study About Claim Management In Contracts During The Covid-19 Pandemic

Özet

This study aims to review the obligations in the contracts, which the obligor were not actually responsible for prior to the COVID-19 that was proclaimed as a pandemic, but which became mandatory obligations after the pandemic, as well as the failure to fulfill the obligations for which the obligor was responsible due to the impossibilities and hardship provisions and/or failure to complete these obligations within the contract term and to discuss the claims to be made based on force majeure and hardship provisions in the contracts. Since it is important here is to ensure that the win-win principle is applied by demonstrating the negative impacts mutually suffered by the contracting parties and protecting their mutual interests equally, it is essential to share the risk posed by the pandemic equally between the contracting parties. The method to be used to ensure such equal distribution is possible by determining it separately according to the characteristics of each concrete contractual relationship. This study aims to explain the force majeure or hardship provisions in contracts that cause impossibility of fulfillment of obligations due to the pandemic and the solutions that could be applied to solve the negative impacts on the contracting parties and the relationship of these practices with sustainability.