كورونا و أثرها المادي على التعاقد

Abstract EN

Summary The general conditions experienced by the countries of the world are difficult for the countries to face because of the Corona virus, which witnesses a great deficit for most countries in facing it, because the ranks of the effects are not easy, especially the legal effects in the field of contracting, whether international or local, which have become an obstacle for the contractors to implement their obligations Because of the measures that most countries have taken to limit the spread of the virus and preserve their nationals from infection, the most difficult thing is to adapt this virus, is it a force majeure or an emergency circumstance because each theory has effects that are different from the other.

The Cairo force theory leads to the termination of the contract.

theory Emergency conditions lead to the intervention of the judiciary by rebalancing the contract due to fatigue in implementing the contract.

But what most major economic countries such as America and China have gone to and to analyze the obligations that result from seeing this virus is a consideration that Corona Virus is a compelling force to get rid of all their contractual obligations, and this is what followed the example of the Iraqi state where the Committee for Order No.

(55) for the year 2020 held a meeting Expanded on Saturday 21 March 2020 and mentioned among the decisions envisaged in paragraph (12) considering the period of the Corona Virus Crisis as a compelling force for all projects from 20 February 2020 until the announcement of the Ministry of Health ending the Corona epidemic.