ERDEM-NEWSLETTER-2018-metin

264 NEWSLETTER 2018 Turkish Lira has been decreased against the dollar and other foreign currencies. The economic instability in our country is a foreseeable circumstance to the merchant plaintiff. In a solid case , the unforesee - ability criteria amongst adaptation conditions has not been met” and indicates that economic instability does not always satisfy the unfore- seeability condition. The Court of Appeal has various decisions concerning adaptation of the contract. According to the characteristics of a solid case, it was decided that some of the contracts could be adapted, and some of them could not. For instance, a decision 12 of the 13th Civil Chamber of the Court of Appeal dated 2017 concerns the request for adaptation of the contract due to the excessive appreciation of the Japanese Yen against the Turkish Lira, following the signing of the contract between a bank and the claimant, who uses a Japanese Yen indexed housing loan. The decision of the 13th Civil Chamber of the Court of Appeal stated that, “ Firstly, it is necessary that unforeseeable extraordinary events should take place after the signing of the contract, the contract should be long-term, the unforeseeable extraordinary events should be valid for everyone, be objective and cannot be predetermined, the changed circumstances make the performance of the contract unbearable and, thus, the basis of the transaction could collapse. In the case at hand, it is clear that the plaintiff , having the freedom to choose at the begin - ning, used the housing credit indexed to foreign currency instead of the TRY. In other words, he determined the type of the credit through his freewill. Furthermore, the claim that bank employees misled the plaintiff has not been proven. On the other hand, it is a well-known fact that economic crisis occurs occasionally in our country, and there is risk to obtain a loan in foreign currency .” The adaptation request was rejected. Furthermore, another decision 13 of the 13th Civil Chamber of the Court of Appeal concerns the adaptation of a rental fee. In this decision, the rental fee determined in the contract shall be adapted according to the following conditions: 12 13th CC of the Court of Appeal, 21.9.2017, 2016/7269 E. 2017/8431 K. (Kazancı Regulations and Jurisprudence Bank). 13 13th CC of the Court of Appeal, 3.4.2003, 2003/1281 E. 2003/3909 K. (Kazancı Regulations and Jurisprudence Bank).