NEWSLETTER-2020-metin

6 NEWSLETTER 2020 now included on the list. Certain other changes and rewordings have also been made for simplification purposes. For the sake of the principles of party autonomy and freedom of contract, the parties are allowed to add or delete events to and from the list, taking into account their particular needs. Notification In the FMClause 2003, the notice requirement was not structured, independently, but was found within paragraphs 4, 5, 6 and 8 thereof. On the other hand, the FM Clause 2020 includes an explicit paragraph on the notification requirement. According to the newly added para- graph 4, the party affected by the impediment shall give notice of the event to the other party without delay. Consequences of Force Majeure The consequences of force majeure remain essentially the same as the FM Clause 2003, except for the changes noted, below: • Under the FM Clause 2020, it is clearly provided that the non-invoking party is entitled to suspend the per- formance of its obligations, if applicable, from the date of the notice. It is an application of the well-established principle of exceptio non adimpleti contractus that finds its place in several national laws (see, for example, Article 97 of Turkish Code of Obligations No. 6098; Article 82 of the Swiss Code of Obligations; for sale contracts, Article 1612 of the French Civil Code; and Section 320 of the German Civil Code) and in Artic- le 7.1.3 of the UNIDROIT Principles of International Commercial Contracts 2016 (“UNIDROIT Principles”). • Whereas the FM Clause 2003 provided only a formula, instead of a fixed period for the moment at which tem- porary suspension of the contract through force majeure would last long enough to lead to termination; in order to increase certainty and foreseeability, in the FM Clause 2020, a maximum duration of 120 days has been provi-