6) Scope of Impossibility

Abstract

There is a consensus that impossibility covers the situations where performance of the obligation is physically impossible. Since the assessment of physical impossibility is quite easy, it is recognized in German, Swiss and Turkish laws as a reason, which eliminates the primary claim. Similarly, such cases may constitute impediment under Unification Instruments. However, it must be accepted that practical impossibility and legal impossibility are also included within the ideal scope of impossibility. Moreover, accomplishment and destruction of purpose are also included in the ideal scope of impossibility. However, cases termed as interference with the basis of the transaction cannot be regarded as impossibility.