Keywords : judge authority


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