Keywords : Contractual obligations


CORONA PANDEMIC BETWEEN THE IMPACT ON CIVIL CONTRACTUAL OBLIGATIONS AND FUNDAMENTAL GUARANTEES OF INTERNATIONAL HUMANITARIAN LAW DURING PANDEMICS

Nayef A. Dahi; Moj I. Khalaf

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue Issue المؤتمر الافتراضی الاول / الجزء الاول, Pages 124-136

We discussed in this research the topic "Corona pandemic between influencing civil contractual obligations and fundamental guarantees of international humanitarian law during pandemics", and the research was divided into two requirements, where we knew this pandemic, and we explained its damages, and we determined the extent to which the theorems of emergency conditions and the force majeure apply to the Corona pandemic in its impact On contractual obligations, in the first requirement. As for the second requirement, we dealt with the basic guarantees of international humanitarian law during the Corona pandemic, as we outlined the needs of health professionals during the pandemic, as well as the needs of salt societies for water and humanitarian relief, and strengthening protection for people at risk in particular, detainees, internally displaced persons, migrants, and students Asylum and refugees, children and education, the sanctions regime and other restrictive measures.In the conclusion, we discussed the most important conclusions and proposals in this regard.

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.