الآثار القانونية لجائحة فيروس كورونا 2019م (كوفيد 19)‎ على عقد النقل التجاري : دراسة مقارنة بين الفقه و النظام

الملخص EN

This research aims to know the effect of coronavirus pandemic on the commercial transportation contract; Be cause the pandemic in its contemporary concept can be defined as : "a new disease that spreads rapidly in large geographical areas due to infection, when infection factors are available".

And the virus in under study is : a mi croorganism sized smaller than bacteria, and it cannot grow outside living cells, it invades the living cell, relies to live, and clones itself in it, and its copies can be identical, or it can carry some changes, which makes it affect differently on the infected.

And Corona virus 19 is : a widespread family known to cause diseases ranging from common colds to more severe illnesses.

As for the transportation contract is : an agreement whereby a person is obligated to move a thing or person from place to another in return for a known fee.

The adaptation of the Corona virus pandemic, whether in legal or Islamic consideration, revolves between two theories : contingency theory and force majeure theory.

When considering the effects of the pandemic in the transport contract, it is affected by it : To contract of things transportation, sender, carrier and consignee.

And in the contract of people transportation, passenger and carrier.

And in the mandatary contract by commission for transportation, client and representative.

And in the successive transport contract, first carrier, middle carrier and last carrier, each of them has legal and contractual obligations.