Covid-19 Salgınının Türk Milletlerarası Aile ve Sözleşme Hukukuna Etkisi

The pandemic effect of Covid-19 has been arised on international private law relations as well as in all areas of law. This effect has been observed especially in contracts containing foreign element and in international family law. Therefore, in our study, we will primarily focus on the conflicts arising out of Covid-19 epidemic before international family law and the resolution of these conflicts. Furthermore, the disputes arising out of the Covid-19 epidemic and the law to be applied in the resolution of these disputes will also be examined. The applicable law will be precised primarily by the provisions of the contract, and in the absence of a provision in the contract, international agreements, and in the absence of any regulation herein, with regard to the Turkish Code on Private International and Procedural Law (CPIPL). The law to be applied to the contract shall apply to the entire contract from beginning to end. However, directly applied rules within the scope of CPIPL art. 6 appear as exceptions to the law to be applied to the contract. Therefore, in our study, the nature of the direct applied rules of the measures taken pursuant to the Covid-19 epidemic will also be discussed. The directly applied rules are not only valid for Turkey. The directly applied rules of other countries will be examined in the framework of CPIPL art. 31. Since another factor that narrows the scope of the law to be applied in terms of conflict of laws as a result of the Covid-19 epidemic is the measures taken in the country where the contract will be executed, These limitations will also be discussed in the context of CPIPL m. 33