| Summary: | The judicial modification of contract as a result of decrease of money
value is a legal- economic concept emerged due to the economic fluctuation
in recent century. According to the legal, philosophical and the economic
basics presented for modification and decreasing money value, unfair
possession seems to be a good basis, although the current legal system
hardly accepts it. It seems that the legislator has accepted the hardships
resulting from decreasing value as a basis.
Regarding its nature decrease in money value causes liability and it can
be compensated. The important point is possibility of maintaining the
contract at its own forms considering value decrease. So in some cases value
decrease of money, modification will not be justifiable. Continuation of the
contract and keeping the agreed terms can be a suitable equivalent.
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