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TERM

Impossibility of Performance

Under the Turkish Code of Obligations, impossibility of performance is the extinction of an obligation because its performance has become impossible for reasons for which the debtor cannot be held responsible. Partial impossibility is where performance becomes partly impossible for such reasons. In that case the debtor is released only from the part that has become impossible. However, where it is clear that the parties would not have concluded such a contract had the partial impossibility been foreseen, the whole obligation is extinguished.

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