Effects of Coronavirus (COVID-19) Pandemic on the frustration of Bilateral Contractual Obligations according to the Iraqi Civil Law –An analytical study-

Volume 8 , Issue 2 , January 2020 , Pages 151-205

Authors

Sherzad Azeez Sulaiman 1

1 Department of Religions, College of Islamic Sciences, Salahaddin University, Erbil, Kurdistan Region of Iraq.

DOI logo 10.17656/jlps.10183

Keywords

Abstract

The Covid-19 pandemic, after its global spread, has become the focus of the jurists and lawyers, so in order to know the effects of the emerging coronavirus (COVID-19) pandemic on the frustration of implementing contractual obligations, This topic addressed under the title: (Effects of Coronavirus (COVID-19) Pandemic on the frustration of Bilateral Contractual Obligations according to the Iraqi Civil Law –An analytical Study-), the focus in this research is on the bilateral obligations which may arise disputes. As the repercussions of the Covid-19 pandemic have made some commitments impossible to implement or at least sometimes lead to postponement. This is what made the researcher wonder about the fate of the contractual principle, “Pacta sunt servanda”, Latin for "agreements must be kept, and is there any legal regulations that help to solve the legal problems related to contractual obligations on both sides? Is there a room in Iraqi law in the case of this pandemic that allows for the dissolution of those obligations, or to postpone their implementation in a way that is consistent with the emerging circumstances resulting from the emergence of the epidemic? This research aims to answer all the questions related to this topic regarding those mutual obligations. In the study of this topic, the researcher adopted the analytical approach in discussing issues, questions and theories related to the subject in Iraqi civil law in two main sub chapters, followed with the conclusion in which we have listed the most important results.

Statistics
  • Article view649
  • Downloads0
  • Published at12 January 2020

  • RIS
  • BibTeX
  • EndNote
  • Mendeley
  • APA (7th edition)
  • MLA (9th edition)
  • Chicago
  • Harvard
  • IEEE
  • Vancouver