التأثير القانوني لفيروس كورونا المستجد على الالتزامات التعاقدية

الملخص EN

The unique nature of epidemics represented by viruses may require a specialized and new or modified tool to reach the common denominator between the contracting parties in order to implement their obligations equally, that the Corona pandemic invaded the world and completely paralyzed the movement in most public and private sectors, but rather contributed significantly to influencing contracts and agreements Concluded and signed between individuals, companies and even between countries.

As it was clear to us that health epidemics are a pure material occurrence, which has clearly defined negative effects on legal relations in general and contractual relations in particular, this affects some investment sectors, which in turn lead to the impossibility of implementing some obligations or delaying their implementation by the specified date.

For the above, we see that the basis on which the theory of contingency or force majeure should be built is the maintenance of the balance between the obligations of each of the contracting parties as they were at the moment of the conclusion of the contract, and if the force majeure represented by the new Corona pandemic affects contracts and obligations between the contracting parties, This effect should be temporary and not be an excuse or a refuge for some to disavow the implementation of contracts and the obligations arising from it, so whenever circumstances arise such as the Corona pandemic disturb this balance, the legislator is obliged to intervene to restore the balance between obligations by applying the provisions of the laws related to those exceptional circumstances.

Therefore, we are facing a global health situation as a result (Covid 19) of a legal and economic dimension that requires wise justice that guarantees a balance between the contracting parties and devotes the main role of the courts to achieving just legal and social security between the parties.