الآثار القانونية لفيروس كورونا على العقود التجارية في القانون الكويتي

Abstract EN

The world is currently experiencing an unprecedented health pandemic related to the emerging corona virus (COVID-19), and as a result, countries have taken many health measures to try to limit the spread of the virus; such as preventing travel, closing complexes and shops, and many Business activities, import and export stops, and airport closures.

There is no doubt that this pandemic has had a direct impact on companies and commercial activities in general, and may reach - in some cases - the bankruptcy of many small and medium-sized companies, because they are unable to withstand the closure of their activities for a long time, and this will inevitably be followed by many legal effects, represented by annulment or compensation claims, due to the inability of those companies to fulfill their contractual obligations, as a result of the forced closure of those activities, or -at least -making their activities burdensome for them, and with a higher economic cost.

Questions have arisen about whether or not the Corona Virus Pandemic is a force majeure, and what are the implications for commercial contracts? And whether or not the courts accept this pandemic as one of the forms of force majeure with which the contract is broken? The answer to this question was the subject of research