الأثر القانوني لجائحة كورونا على الالتزامات التعاقدية الخاصة الدولية : دراسة مقارنة بالفقه الإسلامي

الملخص EN

"The legal impact of the Corona pandemic on international private contractual obligations - a comparative study of Islamic jurisprudence"
Ali Abdel Rahman Ali Qteit
Private Law Instructor, Faculty of Sharia and Law, Tafahna Al-Ashraf Dakahlia, Al-Azhar University, Egypt.

E-mail: alykutit.31@azhar.

edu.

eg

There is no doubt that the Corona pandemic has cast a shadow over the implementation of contractual obligations after countries took social distancing measures, prevented gatherings, stopped international transportation for people and goods, and stopped many tourist, recreational and economic activities.

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etc.

The creditor may adhere to the contractual obligations to implement the contract without regard to those circumstances based on the fact that the contract is the law of the contracting parties, and the debtor may adhere that the implementation of the obligation has become cumbersome, so it should be modified to suit the new circumstances, and the debtor may argue that the implementation of the obligation has become impossible, so the obligation should expire based on the impossibility Execution of unrelated circumstances
And between this and that, a dispute may arise before the national or foreign judge, and a conflict of laws occurs regarding contractual obligations of a special international character.

We forget the statement of the position of Islamic jurisprudence regarding the impact of the Corona pandemic on the implementation of special contractual obligations of an international character, all these questions we answer in detail in this research.