أثر الظروف الطارئة (الجوائح)‎ في عقد الفيديك مقارنا بالفقه الإسلامي، و النظام السعودي

الملخص EN

The FIDIC contract is highly relied upon, and it is a French abbreviation (International Federation of Consulting Engineers) founded in 1913 AD.

They are large construction contracts and emergency circumstances may occur that hinder the completion of the work, and therefore the necessity of the theory of emergency conditions and the status of pandemics and its connection to FIDIC contracts appears due to the extent of its spread and the dependence of development on it If the circumstances in which the contract was concluded have changed significantly, other than the conditions and costs, due to general, unforeseen, urgent reasons, then the implementation of the contractual obligation will cause the obligor to suffer huge, unusual losses, and this was not the result of negligence or negligence on the part of the obligor.

In the event of a dispute, the judge has the right to amend the contractual rights and obligations, in a way that distributes the excess of the contracting party's loss to the two contracting parties, and reduces the burdensome obligation, such as if a person pledges to supply a certain commodity and the supply of it in the market has decreased as a result of a war that prevented the import of the commodity, so the public may place the price by one third, or less Likewise, annulment is valid to remove the damage in violation of the law in the case of leasing, sharecropping, and dealing with the Hanafis, and the emergency annulment of the lease contract with the Malikis, and with the excuse according to the Hanbalis in cases of excuse to prevent harm, and every excuse with which the contract cannot be fulfilled except with a harm he inflicts on himself.