ERDEM-NEWSLETTER-2018-metin

265 LAW OF OBLIGATIONS “…Within the time period between the formation of the contract and the motion date, the value of foreign currency to the Turkish Lira reached with the normal increases pursuant to the vested economic circumstances of our country should be deter- mined, and this value should be accepted for the benefit of lessor pursuant to the contract. Then, the increase in the value of fore- ign currency against the Turkish currency should be determined through the date of the case and, thus, the difference between the two values, special provisions in the contract, nature of leased pro- perty, area of application, its location, changes in the region above the normal which would also affect the rental fee, such as zoning and commercial developments, precedent rental fees, increases in the taxes and depreciation expenses with objective factors in the solid event, should be compared and evaluated. As a result, if it is deduced that the basis of the transaction has collapsed, and there is a distortion of balance of interest in the contract that can no longer be tolerated by the plaintiff, then the amount of the rental fee, which the lessee will be responsible for, should be determined. Hence, the rental fee in the contract should be adapted, as again in foreign currency, in accordance with the objective of bona fide and equity which fit the purpose of parties.” It is hard to say that the Court of Appeal has a consistent attitude regarding the adaptation of contracts. This is based on the fact that the predictability of economic conditions, its effects, the rights and benefits provided by the parties, and the adaptation of the contract is determined according to the characteristics of each solid case. There is another point that is worth mentioning here. Sometimes, although the event itself is foreseeable, it may not be possible to foresee its results 14 . Thus, although the event itself can be foreseeable, and it can be assumed that the unforeseeable condition has been met for the events of which their results give rise to abnormal results 15 . Conclusion It should be evaluated through objective criteria as to whether a rise in the sale price of natural gas by BOTAS and the exchange rate 14 Baysal , p. 171. 15 Baysal , p. 171.