Journal of college of Law for Legal and Political Sciences

There is no configuration if each contractor had committed to fulfilling his rights and the obligations and there is and no emergency has occurred that Interrupt the optimal implementation of the contract, but the actual fact arises after some viruses have had a severe impact on life in general and on contracts in particular, including Covid-19 virus. Its impact reached to be considering as a global threat, which led to issues raised due to how to implement the held contracts and the losses from this pandemic that struck most countries of the world, including the most economically stronger countries in the world.Among the people of the research problems is an explanation of the impact of these viruses in general and the Covid-19 virus in particular on how the legal adaptation of contracts, which we have noticed because it probability between the majeure force and emergency circumstances, with demands for new regulations in particular to serve the situations the world is going through as a result of the impossibility or difficulty of implementation. Implementation is sometimes can be possible.By abolition what has been previously explained, we conclude that there are contracts that have not been permanently affected by the measures taken by the countries to confront the Corona virus and limit its spread, and there is another type of contract that has been affected to the point that the commitment has become impossible to implement and here we apply the majeure force theory, there is a third type of contracts that which it is impossible to implementing the obligations, but has become cumbersome; hence, we applied the theory of emergency circumstances.Accordingly, in all cases, the legal characterization of each incident is subject to the discretion of the judge, and if the judge considers that there is an impossibility in implementation in light of the precautionary procedures taken by the countries to limit the Corona virus, which are ranging between the contract's cancellation due to the majeure force or the contract rebalancing due to the emergency circumstances or considering the contract is valid and not affected by the procedures that have been taken. Accordingly, the failure of one of the parties may lead to compensation for the damage to the other party.

It is evident that force majeure and emergency accidents have a direct impact on contractual obligations. In principle, the contract is held in which the performance is equal, but not necessarily absolute, until the economic balance of the contract is achieved, and when there is an unexpected emergency that makes the implementation of the debtor’s obligations burdensome or force majeure occurs So that it becomes impossible to implement the obligation. Here, legislation intervenes and establishes legal ways to return obligations to a state of parity, as force majeure or emergency circumstances affect obligations. And after the World Health Organization announced the Corona Virus, a global cross-border pandemic. The countries of the world, respectively, by imposing a state of emergency and taking precautionary measures against this epidemic, we have become before a force majeure whether or not the states declared it because the conditions and conditions of this force apply to the Corona pandemic and the negative impact on the implementation of contractual obligations, especially the carrier’s obligations to the thing in the transport contract within the Iraqi transport law No. (80) for the year 1983, as this pandemic, according to the legal perspective, is considered something outside the control of the contractors and was not expected in addition to the impossibility of paying it at the present time, which are conditions of force majeure. We divided our study in this research into three topics, we dealt in the first with the Corona virus and the force majeure between theory and practice, and in the second, the obligations of the carrier of the thing within the Iraqi transport law, while the third was on the responsibility of the carrier in the presence of the corona virus.

In 2020, this world was still affected by many distinct and separate events from past years, but the most powerful and most important of these events was the outbreak of the Corona virus that first appeared in the Chinese city of Wuhan and then suddenly and unexpectedly spread in the world, where many problems were born Various and varied, and perhaps the most important economic problems that are reflected in contracts in different forms, but their impact on labor contracts and transactions was more, as many institutions, factories and companies stopped, so a large group of workers lost their work and even threatened the strength of their day, due to the epidemic and quarantine. Consequently, these workers were between the impossibility and the loss in the implementation of their contracts, and the jurists have advanced to show their role in explaining the explanations and theories about this epidemic within the framework of the contracts, to which we have contributed, and we asked several questions, it is worth noting, what is the legal conditioning of the labor contract between the impossibility And the loss in the implementation of the labor contract in light of the Corona epidemic, it is important to ask this question to know the legal location of this epidemic. In order for the answer to the first question to be accurate, we identified the determinants of this impossibility and this fatigue in light of the Corona epidemic, where we were directed to many of the determinants of the Corona epidemic, some of which are generally not limited to the epidemic only, in order to establish a rule for each case consistent with the surrounding circumstances .