Keywords : Corona pandemic


THE POWER OF THE JUDGE TO RESTORE THE ECONOMIC BALANCE OF THE CONTRACT (A STUDY IN LIGHT OF CORONA PANDEMIC)

Mithaq T. Abd Hammadi; Noha K.Issa

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue Issue المؤتمر الافتراضی الاول / الجزء الاول, Pages 176-186

Coronavirus poses a serious threat to public health and on a global level before it was local, and which produced effects at all levels, these effects need special legal treatment with regard to contractual obligations that have become blown by the wind and because of this virus has incurred contractors, whether they are persons or companies Big losses; Because of their inability to fulfill their contractual obligations, which has raised significant legal problems with severe costs and losses, which legally brings us under the clause of force majeure and emergency circumstances that have a direct negative impact on the implementation of contractual obligations; The fact that the Corona pandemic, according to the legal perspective, is considered something outside the control of the contractors, so that it cannot be expected or pushed. Here comes the role of the trial judge in amending the contract in a way that restores the previous balance of the contractors

CORONA PANDEMIC AND EMERGENCY CONDITIONS THEORY IN LIGHT OF THE 2005 CONSTITUTION

Mazen M. Awad Al-Shammari; Hussein T. Mal Allah Al-Azzawi

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue Issue المؤتمر الافتراضی الاول / الجزء الاول, Pages 137-152

The Corona pandemic that the world is going through, including our dear country, has great economic, social and political implications, especially with regard to the aspect of restricting public rights and freedoms that citizens should enjoy. Therefore, state authorities should have followed the constitutional methods to confront this pandemic and cross the country to the shore of safety, Therefore, in our research we have dealt with the study of the theory of emergency conditions and how it is regulated by the Iraqi constitution of 2005 in force, as the declaration of a state of emergency is in turn linked to the emergence of a state of necessity or exceptional circumstances and the consequent redistribution of powers and powers stipulated in the constitution in favor of the executive authority, since The emergence of exceptional circumstances sometimes lead to disrupting the provisions of the constitution and increasing the powers of the executive authority, as well as placing restrictions on the rights and public freedoms stipulated in the constitution, and the order to defend national safety was initiated in a hurry from its order and joined a single case that Iraq went through and we have shown it above. Therefore, if a danger occurs due to something other than the state of violence, such as the spread of the Corona epidemic, the executive authority will be obliged to declare a state of emergency according to the law N National Safety No. (4) for the year 1965, especially since this law did not stipulate the National Safety Order No. (1) for the year 2004 to cancel it, which means that it is in place, and thus it is noticed that the National Safety Order No. (1) of 2004 is not the only emergency law. In Iraq, there is even another law with it, which is the National Safety Law No. (4) for the year 1965, and we also discussed the constitutionality of the decisions issued by the Council of Ministers regarding the formation of the Crisis Cell Committee and the Supreme Committee for National Health and Safety, as well as the constitutionality of the National Safety Law No. (4) For the year 1965 and the National Safety Defense Order No. (1) for the year 2004, and we found that it does not comply with the constitution, so we asked to challenge its constitutionality

THE IMPACT OF THE CORONA PANDEMIC ON THE FINANCIAL BALANCE OF ADMINISTRATIVE CONTRACT

Alia G.Musa; Shaymaa S. Aziz

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue Issue المؤتمر الافتراضی الاول / الجزء الاول, Pages 9-22

The contractor with the administration، on the occasion of the implementation of the administrative contract، may be exposed to some circumstances that were not taken into account when the contract was concluded، which would add additional burdens that weigh on him، which requires the contracting administration’s intervention to create what is known as the financial balance of the administrative contract، and the aim of that intervention is to create a balance Among the burdens incurred by the contractor with the administration and the benefits that he enjoys، by compensating him based on certain conditions and theories، even if there is no mistake on the part of the administration.She also clarified through this research that the idea of emergency conditions in Islamic jurisprudence and positive law also deduced similarities and differences between Islamic jurisprudence and civil law in terms of the concept and controls of the emergency circumstance in both، and clarified the concept of emergency circumstance، and the pandemic of our ancient jurists، and the extent of the legitimacy of the situation The pandemic، the consideration of the excuse، and the difference between the jurists between a permissible، and a barrier to considering them as having an impact on the obligation of the contract، and also showed the effect of considering the emergency conditions، and the pandemic، the continuation of implementation or compensation، so that the damage is lifted from the affected party، and since the situation that we live in Y Pandemic Corona

THE VARIATION OF IMPLEMENTATION OF LABOR CONTRACT BETWEEN IMPOSSIBILITY AND FATIGUE AND ITS DETERMINANTS UNDER THE CORONA EPIDEMIC

Mohamed J. Zain

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue Issue المؤتمر الافتراضی الاول / الجزء الثانی, Pages 161-177

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 .

CORONA PANDEMIC AND ITS IMPACT ON CONTRACTUAL OBLIGATIONS IN ISLAMIC LAW AND JURISPRUDENCE

Hawraa A.Hussein

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue Issue المؤتمر الافتراضی الاول / الجزء الثانی, Pages 178-190

The spread of Corona virus imposes an economic and legal reality that requires keeping pace with the changes that occurred in the course of contracts, the most important of which are international labor contracts and lease contracts, as solutions must be found to restore the contractual balance and raise the damage suffered by the contractors and to achieve the contractual balance. That they were before the contract and contracting according to the new situation or applying the theory of emergency conditions to raise the damage to a reasonable extent. And considering the Corona pandemic as one of the causes affecting contractual obligations, especially its effect on the principle of the contract, the Shari'a of the contractors, that is, the implementation of the contract according to what was contracted for, as the principle of the authority of the will, free will is the source of the binding force of the contract. But this is not absolute, as the justice that granted her the strength of commitment is what allows exceptions to it and discussion of the grounds on which it depends if the principle of the contract is violated, the Sharia of the contractors, and this exception is the Corona pandemic that led to the imbalance of the contractual balance, as a result of the emergency situation, allowing the judge to amend the obligations of the parties to the extent It is reasonable, and we also explained in the scope of the research the concept of the Corona pandemic in Islamic jurisprudence and how to restore the nodal balance.