Intervention of the judge to the contract

The legal and economic conditions may change and the prices may excessively increase or decrease, between the establishment of an agreement and the time of fulfilling the obligations or during the fulfillment of obligations on certain or uncertain dates in existing and continuing obligation relations between parties. All these facts and consequnces may spoil the balance between the obligations set by the agreement at the begining which also means the partial or total spoil of fairness of the agreement. Will all these facts appeared during the execution of the agreement after the establihment be taken into consideration during the fulfillment? Or will the agreement be valid without any changes? Or will the agreement be adapted to the changing conditions? The judge has an important role in answering the mentioned questions and solving problems. There is no general provision on adaptation provided by the Law on Obligations. However, there are some exceptional provisions about the changing conditions and adaptation, in both the general and special parts of the Law on Obligations. The provisions providing that the agreements will be executed without any change despite the changing conditions are negative adaptation provisions; the provisions providing that the agreements will be adapted to the changing situtations are positive adaptation provisions. When there is no provision in the agreement and the law on changing conditions, a limited intervention by the judge comes up and the judge prefers either adapting the agreement to the changing conditions or rejecting the adaptation. When there are changing conditions and there is the demand of one of the parties, it should be possible for the judge to adapt the agreement to the changing conditions, only exceptionally and by the occurance of certain conditions. Key Words 1. Judge 2. Agreement 3. Intervention 4. Changing Conditions 5. Adaptation