الاجتهاد القضائي لمعالجة الآثار الناشئة عن جائحة كورونا على العقود

الملخص EN

Based on reference of Islamic Shariah law to provisions of Saudi judiciary, due to lack of legal regulation of contracts and civil transactions in the Kingdom of Saudi Arabia, in light of Corona pandemic, questions arise by contract holders, investment pioneers, lawyers and researchers; on the position of Saudi judiciary regarding impact of contracts with this pandemic and unhidden resulting affects, which calls studying legal aspect of matter within framework of Saudi Law and its legislative reference, revealing judicial solutions that Saudi judiciary can adopt in comparison to similar cases within framework of judicial jurisprudence, Therefore, this study came entitled: "Judicial Jurisprudence to process Effects of Corona virus Pandemic to Contracts," with necessity referring out that this topic, due to its freshness, multiple aspects and relationships, calls for equivalent theses and studies.

The nature of research necessitated relying on inductive approach of general rules for implementing obligations in jurisprudence and law, provisions of Saudi judiciary, then reviewing them through analytical method, in order to reach to conclusion of guides of judicial jurisprudence in contract disputes arising from Corona pandemic, committing to scientific writing, attribution and documentation according to terms of publisher The research concluded with results the most important are: the impact of Corona pandemic on contracts varies according to their nature, obligations and scope, there is no single ruling for all cases according to the judicial adaptation of each incident, which make the judiciary carry importance of looking and contemplating circumstances of each dispute, its multiple obligations, and implementation possibilities for each commitment and its impact contract holders to reach to fair judgment, on the occasion of organizational intervention, the research recommended setting objective rules to process effects of contracts in light of the Corona virus pandemic, unifying judicial diligence and controlling judgments.