نظرية الظروف الطارئة : دراسة مقارنة بين الفقه الإسلامي و القانون المدني الكويتي

الملخص EN

The importance of this research arises from its topic as it demonstrates the methods of dealing with the contracts influenced by the emergent circumstances which have a harmful impact on both parties of the contract as a rsult of such unesxpected conditions.

The research also discusses what is meant by emergent circumstances, their origins in jurisprudence and law as well as their terms and conditions.

Next, the resarchers have investigated the views of the jurists regarding the theory of emergent circumstances, its terms and conditions, the relationship between every pandemic case and this theory.

The theory of emergent circumstances signifies a group of procedures and measures taken after an unexpected condition befalls the contract.

Such conditions have never been considered by either contractees in the time of signing the contract.

This emergency causes either of the contractees to suffer from tiring, if not impossible, commitments as it brings about great loss.

Hence, the theory of emergent circumstances tackles this case because this theory is based upon achieving justice, mercy and removing harm.

Therefore, it has become necessary to include the pandemics, similar to the theory of emergent circumstancs in law, in the Islamic jurisprudence.

The judicial objective of the right of compensation in the theory of emergent circumstancs is to achieve the common good and preserve the continuity of public utilities, regularly and steadily.