NEWSLETTER-2017

237 LAW OF OBLIGATIONS The Unlikelihood of a Subsequent Debt Repayment in accordance with the Swiss Federal Court Decision Dated 21 July 2015* Assoc. Prof. H. Murat Develioglu Introduction Both in the Turkish Code of Obligations (“TCO”) and the Swiss Code of Obligations (“SCO”), the notion of unlikely debt repayment is regulated under two different parts. According to Article 27 of the TCO (Article 20 of SCO), contracts with an impossible subject are null and void. In the case of a subsequent unlikelihood of debt repayment, the consequences vary according to differing circumstances: if the debtor is not responsible for the occurrence of the unlikelihood for the debt to be made whole, the debt ends according toArticle 136 of TCO (Article 119 of SCO). To the contrary, if the debtor is responsible for the oc- currence of the unlikely repayment, the denouncement of the contract is controversial. The Swiss Federal Court adopted a different view in its recent decision, which will be examined. Below, the doctrinal view on the subsequent unlikelihood of repayment for which the debtor is respon- sible will be addressed and, lastly, the new precedent of the Swiss Federal Court will be analyzed. * Article of May 2017