جائحة كورونا و أثرها على الالتزامات التعاقدية "في ضوء نظريتا الظروف الطارئة و القوة القاهرة"

الملخص EN

Contracts contribute to regulating human relationships in various fields such as exchanging goods and benefits, developing resources, and moving people for work, treatment, tourism, study, etc.

Despite this, exceptional incidents may occur that obstruct the implementation of these contracts, and among the most prominent of these incidents is what we are experiencing today, the spread of the Corona virus, which causes Covid 19 and its result in effect on natural and incorporeal works and interests of people such as closing companies, airports, borders and ports, stopping transportation and a number of professions and trades.

such exceptional circumstances that cannot be anticipated as well as cannot be pushed are classified by the Palestinian Civil Law into two categories, If it makes the implementation of the obligation impossible, it is called force majeure, and if it makes the implementation of the obligation cumbersome, although it is possible to implement it, it is called emergency circumstances.

Both theories, even if they are similar in conditions, They have different effects on contracts, and this means that the judge’s authority in address the contract differs according to the conditioning of the exceptional circumstance.

Can it be considered force majeure or an emergency circumstance.