أزمة كورونا و تأثيرها على تنفيذ العقود الإدارية في الكويت

الملخص EN

The impacts of coronavirus shall be reflected on the contractual obligations especially the contracts overall.

The impact of this crisis shall be clear for the principal of (Pacta Sunt Servanda).

We stated that the desire of contract’s parties shall ruling the contracts and they can agree or renegotiate to achieve justice.

In some cases, it will be hard economically to implement justice and it can be temporally or permanently impossible.

Thus, the jurisprudence and judge have a great role in adapting the coronavirus and considering it as a force majeure or emergency circumstance.

We had stated that in the scope of study and we focused on the impact of coronavirus on the administrative contracts especially in State of Kuwait (With providing some comparative indicators, if required), the extent of possibility of modifying the contractual obligations according to the powers that are granted for the administrative authority to achieve the public interest and according to the principal of regular functioning of public facilities.

We focused also on the role of special legislations and administrative judiciary to restore the financial balance for the administrative contract, in case of inability to execute the contract due to the crisis of coronavirus or its precautionary measures that are taken by countries to limit the outbreak of coronavirus.

They can also compensative the affected party with a compensation matched with the occurred harm related to non-executing contract according to the traditional theory that is adopted in case of force majeure, the theory of emergency circumstance, theory of Amir’s act, decision of suspending the contract for the temporary inability to execute the contract, terminating the contract due to the absolute inability.

We concluded that not all the contracts shall be impacted with the crisis of coronavirus, but there are some contracts shall be impacted and the level of impact shall be varied, so that the compensation value shall be varied as well.

The judge shall estimate all that according to the articles of contract.

The interpretation of contract shall be done upon the common intent of parties and the principal of good intent of execution, the traditional theories, special legislations.