The Impact of the Devaluation Management of the National Currency Against the US Dollar on the Rights of Contractors in Lebanese Law

The Impact of the Devaluation Management of the National Currency Against the US Dollar on the Rights of Contractors in Lebanese Law

Tareck Alsamara, Hussein Ali Dbouk, Ghazi Farouk
DOI: 10.4018/IJSSMET.314633
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Abstract

The article investigates the impact of national currency devaluation management against the US dollar relative to contractor rights. It demonstrates the source of the problem imposed on Lebanon by banking conditions and policies and provides legal solutions to a problem that many contractors still face. This includes an examination of the judicial approach used by Lebanon's judicial bodies to solve legal issues arising from the devaluation of the national currency. According to the article, practice in Lebanon has revealed institutional confusion in determining the value of the national currency in relation to the dollar. To address the issue of assigning the value of the national flag to the dollar, a unified legal system must be established.
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1 Introduction

Lebanon has a financial crisis (Abdel Samad, 2021) and is being called upon to develop human resource to promote its economy, (Arora & Panchal, 2021; Mouallem & Analoui, 2014; Fahed-Sreih, 2012). This crisis had an impact on banks in the public and private sectors, and they are now required to take decisions to end this crisis and reduce it, (Galli, 2020; Ghayad & Hamdan, 2021). Lebanon recently realized the relationship between economic decision-making and the impact of risk management (Galli & Battiloro, 2019). It is recognized in jurisprudence and legally that the Lebanon adopted, more than two decades ago, a financial policy with the goal of fixing the exchange rate for the Lebanese currency (Regimes de change fixe) relative to the US dollar (Azhar, 2022; Azar, 2021). The aim was to ensure financial stability and national economic productivity given the dollarization of the Lebanese economy, in the absence of appropriate necessary financial policies. For the past four decades, Lebanon has gone through several political and economic upheavals that have had a significant negative impact on people's lives. The World Bank currently states that the country is currently in the worst situation since the end of its civil war (World Bank, 2021). Because of its dire consequences and continuing effects, the Lebanon crisis has aroused the interest of international political actors. This crisis is the result of years of mismanagement of the state's economy, political differences, sectarian conflicts, and so on. The people of Lebanon bear witness to the devastation caused by this crisis, (Siddique, 2022; Khoury, 2021). The severe economic and financial crisis that Lebanon is going through has led to a record rise in the price of the US dollar against the Lebanese pound; this has caused a major imbalance in the rights and obligations of citizens. The legal conditions in terms of obligations concluded in the US dollar have been shaken, especially with the presence of several dollar prices against an official rate of 1515 Lebanese pounds (LBP). The bank rate is 3,900 LBP, but the market price exceeded 8,000 LBP. And the market price exceeded 30,000 LBP. The situation is further complicated by the fact that for Lebanese students studying outside Lebanese lands, the price of a student dollar is 1515 LBP, in addition to the price of an exchange platform (which is determined by Law 193 of 10/16/2020, Sayrafa Basic Decision No. 13324, Circular No. 15, dated 10/5/2021). The problem of the study revolves around the impact of the devaluation of the national currency against the United States dollar on the rights of contractors. It aims to achieve the goals of finding solutions in the area of low value depreciation for a dollar. The motive of the study was based on personal and objective motives that led to the selection of the topic.

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