مصير العقود الدولية الخاصة في ظل فرض حالة الطوارئ الصحية بسبب انتشار فيروس كورونا المستجد (كوفيد-19)‎ : قراءة في القانون المغربي و المقارن

الملخص EN

Nowadays, humanity is living a global event that affected all levels of life and changed all plans.

The Corona pandemic, came to remind us about our weaknesses and our lack of resourcefulness in the social and economic sectors.

Hence, this made us face legal risks in light of this deadly epidemic, which affects the health of people and endangers their lives.

Several countries resorted to impose a "state of health emergency", which allowed the enactment of exceptional requirements, especially those related to the case of "force majeure" to exclude the implementation of international contracts, although the rules of private international law may assign jurisdiction according to the rules of conflict of laws and conflict of jurisdiction of a country that does not consider the Corona pandemic force majeure in application of attribution controls.

Accordingly, this situation will result in inconsistencies and conflict of judicial rulings and decisions of arbitrators in the field of international contracts, placing many contracting companies and companies subject to bankruptcy, in case those countries do not take the necessary measures to tackle them.