مشروعية الاتفاق على أسس تغير قيمة الالتزام النقدي على ضوء تغير القوة الشرائية للنقود في القانون المدني الأردني : دراسة تحليلية تطبيقية مقارنة

Abstract EN

This paper deals with the case provided for in Article (162) of the Jordanian Civil Code which is where the domicile of their debtor's obligation to the performance of a sum of money, it also deals with similar texts in the Arab legislations, in order to demonstrate the impact of change in the purchasing power of money to replace the debtor's obligation cash.

The study also looks at the possibility of the parties to the agreement on the basis of the monetary commitment to a particular standard, By which to avoid the effects of currency devaluation, which may occur between the date consequent commitment and the date of its fulfillment .

We have seen that two contracts may agree to be fulfilled either on the basis of the amount corresponding to a certain amount of gold at certain date, which is known as the condition of payment in gold, or on the basis of a certain amount of foreign exchange on certain which is known as the condition of payment in a foreign currency, and either based on the amount corresponding to a certain amount of a commodity or goods specified in the particular date or a particular indicator is known as the condition value or price moving animation (the escalator), and we were well into the position of the Jordanian legislator from each of these hypotheses.