Mortgage Enforceability and Fluctuating Currency Value

An individual, having taken out a loan secured by a mortgage on a property and subsequently failing to make payments, challenged the enforceability of the mortgage, arguing that the stipulated interest rate, though fixed, was illusory because it did not account for fluctuations in the value of the currency, effectively rendering the debt perpetually unextinguishable. The court of cassation, however, upheld the validity of the mortgage and the debt, reasoning that a contractual stipulation, even if imposing a potentially onerous obligation due to currency devaluation, is nevertheless valid under the principle of contractual freedom, provided the interest rate was clearly fixed at the time of agreement and there was no demonstrable fraud or illegality in the underlying contract.