سلطة القاضي الإماراتي في إنهاء العقد أو تعديله بسبب جائحة كورونا

Abstract EN

The contract is concluded under specific economic circumstances, and exceptional circumstances may arise during the performance of the contract leading to the economic imbalance of the contract, which makes the contract's performance exhausting but not impossible.

The Emirati Legislator has authorized the judge to intervene in this case where certain conditions exist.

After making the balance between the contractors' interest in choosing the type of adjustment, it may be considered to relieve the burden of the obligation or increase the creditor's obligation, thereby resulting in the distribution of the loss between the contract's parties or the suspension the contract for a period.

However, the judge is not entitled to terminate the contract.

The main objective of the research is to demonstrate the fate of lag contracts under the emergence of the pandemic and the judge's authority towards this crisis.

This research used the comparative analytical approach by analyzing and discussing legal texts in UAE and Egyptian law to draw appropriate conclusions.

In the research's findings, we have concluded that the contract is the contractors' law, so the reference in setting out the contract's scope, its conditions, determining the rights, and when it occurred is valid, and it is not allowed to any party to denounce it or modified it.

Furthermore, it is considered the judge's power to intervene to modify the terms of the contract in emergency circumstances of public order.

The judge may intervene to diversify the contract by restoring reasonably the burdensome obligation, which is an objective judgment held by the trial court within its discretion when it has ruled on justified grounds.

The study shows the role and authority of civil justice in the light of the coronavirus pandemic and what he owns about removing the imbalance in contracts.

And return it to a reasonable extent, and recall the legal texts in the Civil Transactions Act and the Egyptian Civil Law that address the problems caused by the pandemic.