Abstract:
This study aims to explain what the Corona virus is, and also aims to show the impact of this virus on contractual obligations, in addition to being aimed at clarifying the legal nature of contractual obligations in light of the outbreak of that pandemic, and the extent to which it is subject to the theory of emergency conditions or the theory of force majeure. Despite its widespread spread, it did not receive the attention of the Palestinian legislator as it should when it did not clarify such a case for any theory subject and left the matter wide open. This study came to answer several questions related to the legal regulation of contractual obligations, as it was a challenge to consider the pandemic subject to For the theory of force majeure and emergency circumstances, because the implementation of some of these obligations is an absolute impossibility, while others exhaust the debtor's responsibility,and therefore the implementation of the contract is postponed, not terminated, and also to preserve the world of finance and business Both of these theories are originally considered a practical and legal application of an ethical principle based on a legal rule according to which there is no assignment of the impossible or not an assignment beyond the normal energy and ability of a person of moderate perception. Force majeure as well as emergency circumstances, provided that their conditions are met, which are mostly represented in the impossibility of implementation or the imbalance of contractual obligations between the parties, in addition to the impossibility of repelling this accident and not expecting it to be public, and finally that one of the parties is not related to the occurrence of this accident, as It was concluded that the Corona pandemic is considered a force majeure in the event that the implementation of the obligation is impossible, and an emergency circumstance if the implementation of the obligation by the debtor constitutes exhaustion for him, which requires achieving a balance between the obligations of the debtor and the creditor.
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