العقود الإدارية ما بين الاستحالة و صعوبة التنفيذ خلال جائحة كورونا

الملخص EN

The socioeconomic legacy of Covid19 is untuerrably massive and the legal ramifications of which has negatively impacted the ongoing contracts.

One of the most disputed issues is the legal characterisation of Covid19 pandemic, which an opinion typifies it as a force major whereas a dissent opinion views it as an exceptional circumstance that entails different legal consequences.

The matter that left researchers in compelling need to reach at a proper conclusion upon which we can determine the legal status of Covid19 pandemic.

The researcher found that the legal characterisation of Covid19 pandemic might vary in different contexts and on a case-by-case basis.

The key indicator is the extent that covid19 pandemic has affected the implementation of the contract, which may be a continuous contract or deferred contract.

The researcher also recommends paying attention to the necessity to make a financial balance in the impacted contracts and relatable disputes shall be filed before the administrative courts rather than normal adjudication.