أثر جائحة كورونا على عقد التوريد: دراسة تحليلية
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Date
2023-12-24
Authors
شفاء مخلص محمد عبد العزيز
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Abstract
Abstract
Since the first appearance of the Corona virus, this matter has received widespread global attention, and the first image of this virus has been of interest to legal scholars and scholars. However, those in legal jurisprudence disagreed about the legal adaptation of this virus as a global pandemic, as well as about its legal nature when legal disputes occurred caused by this virus when it became a pandemic, and this is with the aim of determining the applicable legal rules, making every effort to search for the appropriate ruling for such an issue. This is in line with the repercussions and effects of this pandemic that led to complete paralysis in all aspects of life around the world, as well as the almost complete disruption of the global economy. Consequently, this pandemic had a major impact on all commercial transactions, concluded contracts, and their implementation processes, especially futures contracts that were slack. The time of its implementation differs from the time of its conclusion.
The Corona pandemic has posed an imminent threat to human life in general, especially economic and commercial, and the supply contract in particular. The study came to shed light on the impact of the pandemic on ongoing contracts, especially the supply contract as it is one of the new commercial contracts, and also because there are several problems revealed by the pandemic in the contract. By reviewing the texts of the laws regulating the pandemic, reviewing the jurisprudential opinions and judicial rulings issued therein, in addition to the decisions by law that were issued in Palestine during the pandemic, and comparing them with the legal systems in some countries.
To achieve this, the researcher relied on the descriptive and analytical approach in preparing the study. The study addressed the concept of the supply contract in light of the Corona pandemic, and explained the legal adaptation of the Corona pandemic, by highlighting the consideration of the Corona pandemic between force majeure or emergency matter, its equivalent in jurisprudence, and the impact of the pandemic on the supply contract.
Keywords: Corona pandemic; supply contract; force majeure theory; emergency circumstances theory.