أثر فيروس كورونا المستجد على عقدي العمل و المقاولة : دراسة مقارنة في الفقه الإسلامي و القانون المدني

الملخص EN

What we have witnessed recently, the Corona pandemic invaded the planet ،initially in China, from stopping the movement of import and export with countries of the world.

Which will decide on issues related to the pandemic-the emerging corona virus- and this is not health disasters.

The well-known rule of the “contract is the law of the contracting parties ”that no one has the right to cancel or modify the contract or to absolve himself of his obligations in a unilateral way, i.e.

the obligations that were decided under the contract that he concluded of his free will ،just as the judge does not have the right to intervene in the modification or cancellation of the contract without the consent of the contracting parties.

It says that each of the contracting parties remains able to carry out his obligations without harm to him .

If an excuse arises for one of the contracting parties or the circumstances in which the contract was concluded change so as to lead to an economic imbalance between the two parties or make its implementation burdensome or harmful to one of them, the implementation of these obligations becomes unfair to the affected party, and the contract should be modified to the extent that the damage is lifted.

Or the termination of the contract according to its nature and the changed circumstances and in the interest of the contracting parties.