NEWSLETTER-2020-metin

116 NEWSLETTER 2020 under Article 138 of the TCO, are assessed by the Court is examined, and in greater detail. Extraordinary and Unforeseen Change in the Conditions of the Contract In order for a contract to be adapted, under Article 138 of the TCO , an extraordinary situation that affects the performance of the contract after its conclusion must occur, and this extraordinary situ- ation must cause a substantial change in the terms of the contract 1 . In accordance with the Circular dated 16.03.2020 (“Circular”) prepared by the Ministry of Internal Affairs, certain businesses, in- cluding restaurants and cafes, were temporarily suspended due to the COVID-19 pandemic. The decision by the Ministry of Internal Affairs that concerns many businesses, including the plaintiff, is as follows: “The new coronavirus (COVID-19) pandemic started to be seen in our country in March, 2020, and various measures have been taken in order to control the spread. Within this scope, various measures, such as lockdowns, closure of workplaces or flexible working hours, and wor - king from home, have been implemented from time to time depending on the need. The effects of the pandemic and the measures taken by the administration continue. The epidemic of this size has caused unprecedented results, both in the world, and in our country, and it has been observed that some sectors are more affected by the pandemic and the measures taken.” Another condition stipulated by the TCO for the adaptation of the contract is that the extraordinary situation arising after the conclusion of the contract originates from a situation that cannot be foreseen or expected when the contract is concluded. Although the extraordinary situation may be predictable, its effect on the contract may not be pre- dicted in advance by the parties when the contract is concluded 2 . 1 Baysal, Başak : Sözleşmenin Uyarlanması, 3rd ed., 2019. 2 Baysal , p. 256.