القرار الإداري بفرض حظر التجوال و أثره على عقد الإيجار وباء كورونا أنموذجا : دراسة تحليلية مقارنة

الملخص EN

Freedom of movement is a constitutional right of the individual, but in some cases the state resorts to restricting that freedom in order to maintain public order, basing this procedure on its right to exercise its activity in administrative control, and when the Corona epidemic has become a threat to peoples and countries; The state had to practice this activity in order to preserve public health as an element of public order.

Hence, we find that countries, including Iraq, have resorted to imposing a curfew; As a preventive measure against the danger of this epidemic, which prompted us to explain the concept of this decision, the characteristics it enjoys, and the legal basis on which the administration relied when imposing it, and on the other hand, the decision to impose a curfew has left its effects on the various activities and transactions of individuals, most notably contracts Which they concluded before the outbreak of the epidemic, especially the lease contract; as a term contract; Which required a statement of the characteristics of this contract, and shed light on the position of civil legislation on the impact of the decision to impose a curfew on the lease contract.