Corona pandemic and its impact on administrative contracts | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 6, Volume 12, Issue: 1 part 1, March 2022, Pages 157-108 PDF (1.01 M) | ||
| DOI: 10.37651/aujlps.2023.177043 | ||
| Author | ||
| Abed Rzaij Aswad | ||
| Abstract | ||
| Corona pandemic is one of the important topics that occupied legal jurisprudence in general, and it became clear that this pandemic had an impact on many legal actions in society, so we turned in this research to study the extent of this pandemic's impact on administrative contracts. This pandemic may be viewed as an emergency circumstance on the one hand, and a force majeure on the other, and that the theory of force majeure and the emergency circumstance have many similarities on the one hand, but there are differences between them, resulting in different impacts on administrative contracts. Therefore, in the first chapter, we discussed is the extent to which this pandemic can be adapted to the emergency situation , and that will result in financial imbalance of the administrative contract, which is followed by the necessity to compensate the contractor with the administration to help the contractor face this circumstance and restore the financial balance of the contract. However, in the second chapter we discussed the adaptation of the pandemic as force majeure, the extent to which force majeure conditions are available in this pandemic, and the application of these conditions to the Corona pandemic may lead to terminate the contract because of the impossibility of implementation under this adaptation. | ||
| Keywords | ||
| Corona; the majeure force; emergency conditions; legal conditioning; financial balance | ||
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