NEWSLETTER-2020-metin

119 LAW OF OBLIGATIONS The Interim Measure Decision If the Court does not rule on an interim measure, the lessee must pay the rent fully until the case is settled, and it is understood that adaptation will have no benefit after default and evacuation take place. In the case regarding the adaptation of the rent, the Court ruled that the condition of “worrying whether serious harm will occur,” as regulated under Article 389/1 of the Code of Civil Procedure is satisfied and, for this reason, an interim measure regarding the reduction of rent is necessary. However, since the COVID-19 pandemic is for a tempo- rary period, the Court stated that the adaptation should cover only this temporary period, and the rent should be reinstated when the effects of the pandemic completely disappear and the lessee’s business returns to normal. Conclusion The Decision is important in several respects. Firstly, it has been accepted by a higher degree Turkish court that the COVID-19 pan- demic constitutes a force majeure in accordance with Article 138 of the TCO and, therefore, the lease agreement can be adapted. In addition, the Court ruled that the Plaintiff’s existing rents shall be adapted so long as the effects of the pandemic/force majeure con- tinue, and considering the nature of the business done by the plaintiff lessee and all of the conditions and the evidence submitted by the parties, an interim measure can be decided upon for the payment of the rent at a reduced amount to be determined by the Court, provided that the interim measure is evaluated by the Court at certain intervals, or upon the application of the parties. If the situation and conditions change, it should be abolished or another amount should be estab- lished. The Court ruled that the interim measure should be reviewed by the Court every 6 months, and a decision as to whether to abolish or increase or decrease it in accordance with the new conditions should be made considering that the effects of pandemic change over the course of months, and it is not clear how long these effects will continue.