Özet:

One is considered of the general provisions in commercial law is an obligation to act as a prudent businessman in the trader’s commercial activities. Another issue that is considered as one of the special provisions of commercial life is the commercial transaction presumption. The base requirement of this presumption is the business of the merchant is considered commercial. However, when only a trader who is a real person to explicitly notify the other side that this transaction is not related to his commercial business or when it is not suitable for a business to be considered commercial, this presumption will not be valid. What consequences will the hardship provision in the Turkish Code of Obligations have in terms of the obligations of prudence and commercial transaction presumption for the merchant? In this context, it is necessary to examine the possibility of benefiting from the hardship provision in terms of commercial law, especially in periods of national or international factors (administrative restrictions, pandemic, natural disaster, etc. involuntary reasons).

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