The legal basis for choosing provisions that favor the protection of contractual relations that perform an economic function following a depreciation of the currency

Abstract

The devaluation of the currency that countries have been exposed to has proven to have an impact on the law, especially contractual relations, as every economic change is followed by a legal change, and it falls on the judge to protect the contractual relations as they perform an economic function and to find solutions to confront the devaluation of the currency in order to protect the economic function of the contract. Perhaps the continued decline in the value of the currency in Iraq is one of the reasons that the judge must address, even if it is after issuing the ruling for compensation for the breach of the contractual relationship. Otherwise, it will lead to the loss of the economic value of the contract, and this is a departure from the legal rule with a ruling that has the force of the res judicata, so it is no longer permissible to appeal the ruling or Modify it in any way. In an attempt to find a solution to this problem, we chose to title this article with this study.