Türk Parası Kıymetini Koruma Hakkında 32 Sayılı Karar’ın 4/g ve Geçici 8. Maddelerinin Anayasa’ya Aykırılık Sorunu

ABSTRACT: By the Article 4/g which had been added to the Decree No. 32 on the Protection of the Value of Turkish Currency, it has been forbidden to determine the obligation of payment in foreign currency or indexed to foreign currency in specific contracts in between the Residents in Turkey. The Provisional Article 8 which had been added to the same Decree has regulated the implementation of the provision of the Article 4/g to the preexisting agreements which are the same type and the compulsory renewing the agreements in Turkish Lira. In this study, the conformity of the Article 4/g and the Provisional Article 8 of the Decree No. 32 on the Protection of the Value of Turkish Currency to the rules of administrative law and freedom of contract and the criteria to be considered by the judicial authorities for the supervision over lawfulness of the aforementioned regulations will be evaluated.

Keywords: Law regarding the Protection of the Value of Turkish Currency Numbered…