THE IMPACT OF CORONA VIRUS ON CONTRACTUAL OBLIGATIONS IN IRAQI CIVIL LAW
Journal of college of Law for Legal and Political Sciences,
2020, Volume 9, Issue Issue المؤتمر الافتراضی الاول / الجزء الثانی, Pages 150-160
AbstractThroughout history, the world has witnessed the emergence of deadly and dangerous epidemics that hit the human respiratory system and claimed the lives of millions of people, the latest of which is the Coronavirus (COVID-19), which was first reported in Wuhan, China, on December 31, 2019. Whereas, epidemics are considered material facts. Reflecting negative effects on contractual obligations between members of society themselves or between them and the state, we have sought in this research to know the extent of the possibility of considering the Corona virus a force majeure and thus a legal bond that individuals and companies adhere to to evade their obligations towards others? Or is it just an emergency circumstance that makes the debtor’s implementation of his obligation cumbersome and thus a reason for delaying the implementation of the contract rather than a reason to justify its termination? We have reached a conclusion that this epidemic does not have a single frequency of judgment, it may not have any effect in the contract, so the latter becomes obligatory for implementation according to what has been agreed upon between the two parties, and it may affect the contract if the descriptions of force majeure or an emergency situation are fulfilled, making the commitment The contract is impossible, so the debtor is exempt from the guarantee or burdensome to the debtor, and then the judge must reduce the burdensome obligation to a reasonable extent to achieve a balance between the two parties to the contract.
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