The Impact of Corona Pandemic on Contract's Commitments

Abstract

There are no problems if each contracting party has committed to fulfilling his/her rights and obligations. And there is no emergency that deters the optimal implementation of the contract, but the real problem arises after some viruses have had a severe impact on life in general and on contracts in particular, including the Covid-19 virus, which has reached its impact is to the extent that it is considered a global threat, which led to the rise of problems as a result of how to implement the concluded contracts and the losses resulting from this pandemic that plagued most of the countries of the world, including the most economically powerful countries in the world.

‟Among the problems of the research is the account of the impact of such viruses in general and the Covid-19 virus in particular on how to legally adjust contracts, which we noticed because it varies between challenging force and emergency conditions with demands for new legislation in particular to suit the conditions the world is going through as a result of the impossibility or difficulty of implementation so it may be possible Implementation in some cases, and by dropping what was previously stated. We conclude that there are contracts that have not been completely affected by the measures taken by countries to confront the Corona virus and to limit its spread. In addition, there is another type of contracts affected to the extent that the commitment has become impossible to implement and here we apply the theory of challenging force”. Also, there is a third type of contracts “The implementation of the obligations has not become impossible, but has become problematic, so here we apply the theory of emergency conditions.

Consequently, in all cases, the legal adaptation of each incident has been subject to the discretion of the judge, if the judge thinks that there is an impossibility to ‟implement in light of the precautionary measures taken by countries to limit the Corona virus, which moves between the termination of the contract due to challenging force or the rebalancing of the contract due to emergent conditions or considering that the contract is in force and not affected by the measures that have been taken. Therefore, the failure of one of the parties may lead to compensation for the damage to the other party”.