Keywords : civil contracts


Muhammad S.Abdullah; Ahmed A. Al-Hankawi

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue Issue المؤتمر الافتراضی الاول / الجزء الثانی, Pages 11-30

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.