وباء كورونا وأثره على تنفيذ الالتزامات في ضوء نظرية الظروف الطارئة

الملخص EN

Coronavirus is not the only epidemic to have hit global health security.

It was preceded by SARS in 2002, Swine Flu (H1N1) in 2009, EBOLA in 2014 and other disasters that tempted contractors to use them as pretexts to benefit from recognition of their legal effects.

However, Coronavirus seems to be so powerful that it has more severe impact.

As natural physical realities, epidemics have clear negative effects whose features can be observed on legal relations in general, and contractual relations in particular.

Stagnation of industrial, contracting and investment sectors makes it impossible or at least difficult to implement some obligations or delays their implementation.

Coronavirus has caused great damage to international companies, especially Chinese, American and European ones in several fields, including contracts for public works, industry, supply, transportation.

Chinese companies have started to shirk their obligations under the pretext of force majeure.

On the other hand, Coronavirus has revived many industries, such as medicine, medical supplies and electronics.

Legal thought and jurisprudence around the world have adopted two mechanisms that are protective means for contractors who have found it impossible to implement their obligations or that implementation of their financial liabilities become a heavy burden on their financial situation in a way that was not noticeable at the time of contracting.

These two mechanisms are: the theories of force majeure and emergency conditions.

If the circumstances for applying the theory of emergency conditions or force majeure are fulfilled, the aggrieved part may invite the other party to renegotiate the contract, in order to counter these conditions that have affected the contractual balance, with a view to modifying contractual obligations to an appropriate level, and to remove the damage from the aggrieved party.