إيفاء الديون المحررة بالعملة الأجنبية في العقود الداخلية

Keywords

Obligations
contracts
debts
money
foreign currency
currency exchange rate

How to Cite

HAGE-CHAHINE, N. (2023). إيفاء الديون المحررة بالعملة الأجنبية في العقود الداخلية. Proche-Orient Études Juridiques, (76), 7-37. Retrieved from https://journals.usj.edu.lb/poej/article/view/1063

Abstract

The issue of the payment of debts denominated in a foreign currency arises in two types of contracts: international contracts and domestic contracts. In international contracts, this issue is easily resolved by Lebanese Courts who have consistently ruled that the debtor must repay the debt arising from an international contract in the foreign currency that is stipulated in that contract. On the other hand, this raises three problems that have led to conflicting court decisions in domestic contracts. These issues are the following: the validity of contractual provisions requiring that payment be made in a foreign currency; whether the debtor has the right to discharge his obligation in the national currency; and determining the currency exchange rate that should be used in case it is found that the debtor has the right to discharge his obligation in national currency.