The Impact of The Corona Epidemic on The Duration of Administrative Contracts
- Author:
- Talib Challab Zaeel AL-Khalidi
- Level:
- Master
- Field of study:
- Low
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2021
- Publisher:
- URD Press
- Supervisor(s):
- Seyyed Ali Mirdamad
It is the subject of the contract of the important topics in administrative law where he occupies a large area of interest in the administrative judiciary in order to regulate and control contracts, especially in exceptional circumstances and endured unexpected conditions imposed on the law find a way out through the mechanisms and ways to minimize losses and limit the damage in terms of Administrative contracts so we find the subject of our study holds great importance to care about how to deal with the state of emergency represented Pkovad (19- CD) emerging Fjaihh Corona is available where the conditions leading to the impossibility of implementing the commitments, provided that it does not prove the existence of the negligence of the claimant party damage as seen to the contract through the availability of staff, to be fulfilled conditions of validity, and jasper will Akadin defect unspoilt, the contract was held valid and in force resulting from the effects, the study has raised the question about what is the effect of B Corona on extended contracts? The answer, which has reached his study is that the pandemic virus Corona significant impact on the contractual obligations emanating from the principle of contract law of the contract which is the basis of the law and jurisprudence, I was B Corona, who has killed the whole world a lesson eloquent humanity and the need for concerted and cooperation of the people in order to combat the epidemic, All efforts have joined forces to get rid of the effects of this epidemic, which affected the rich and the poor, and the administrative contracts were greatly affected, and this led to the suspension of many of them or the reluctance of some of them and sometimes the cancellation of a group of them. The companies have striven to get rid of penalties and avoid them by resorting to force majeure As a result of the failure to implement administrative contracts for the aforementioned reasons, the Corona pandemic was the reason for creating a force majeure, which means that organizing administrative contracts and adhering to their terms is considered cumbersome, and the force majeure theory deduces from it some conditions in the case of circumstances that do not make commitment to fulfillment possible, and this means The termination of the contract in accordance with the law, provided that the parties to the contract bear the potential losses It is the obligation of individuals to all of what is mentioned in the contract, and in addition to that, the administrative contract is compatible with the time of its implementation in a state of emergency for another period, and at the end of this case, exceptional general conditions are created, and the problem of the study emerges to indicate the legal effects on the administration’s exercise of its authority to terminate the administrative contract based on the requirements In the public interest, in addition to that, the thesis dealt with the termination of the administrative contract unilaterally in accordance with some legislation, and to that, the study confirmed the significant and effective impact of the Corona epidemic on the ongoing administrative contracts and their duration, and the results that may occur due to the existence of the epidemic.