وباء كورونا المستجد بين نظريتي الظروف الطارئة و القوة القاهرة و أثره على الالتزامات التعاقدية : دراسة مقارنة بالفقه الإسلامي

الملخص EN

This study revolves around an old and renewed topic, which is : the new corona epidemic between the two theories of emergency conditions and force majeure and its impact on contractual obligations, a study in comparison to Islamic jurisprudence.

the study addressed this topic, through an introduction, three sections, and a conclusion.

the introduction contained the introductory topic, the problematic of the topic, its importance, the reasons for writing it, the methodology used in writing it, and its pl the first topic dealt with defining the vocabulary of the title (corona epidemic, the theories of emergency conditions, force majeure-impact-contractual obligations), and the second topic addressed (the legal and legal nature of the emerging corona epidemic), and the third topic spoke about (the impact of the spread of the new corona epidemic and its implications for contractual obligations.

then came the conclusion, in which the researcher recorded the most important findings and recommendations of the study.

whereas, the impact of the corona epidemic on contractual obligations varies according to its adaptation, as it is an emergency circumstance, which makes the implementation of the contract cumbersome for one of the parties, severe exhaustion, so the judge applies the theory of emergency conditions.

or considering him a force majeure, and thus the judge applies the theory of force majeure to him.