Publication: أثر جائحة فيروس كورونا (كوفيد:19) المستجد على الالتزامات العقدية في القانون الإماراتي
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Date
2020-11-18
Journal Title
Journal ISSN
Volume Title
Publisher
Penerbit USIM, Universiti Sains Islam Malaysia
Abstract
The topic deals with the impact of the Coronavirus pandemic on contractual obligations according to UAE legislation, and the importance of the topic is focused on the fact that contractual obligations may be vulnerable to impacts by crises that states may face, including health crises, such as the current Coronavirus pandemic, and the preventive measures that followed that were necessary to confront them, Accordingly, the topic aims to determine the impact of the Coronavirus pandemic on contractual obligations, by adapting the Corona pandemic crisis between the theories of emergency conditions and force majeure. The problem arises that the UAE government has taken the initiative to take a package of preventive measures to protect against the spread of the Coronavirus, and it is natural for the imposition of a health emergency to have an impact on the practice of various types of civil and commercial activities. This resulted in the widening of the scope of non-fulfillment of contractual obligations, which calls for thinking. In drawing new perceptions to adapt the legal situation to address contractual imbalances resulting from the inability to fulfill contractual obligations and restore balance to them, which necessitates proposing a new narrative and drawing policies to cross this exceptional phase. To achieve the objectives of the research, the researcher relied on the descriptive approach to study the Coronavirus pandemic as an emergency condition by stating the frameworks of the theory of emergency conditions and their applicability to the circumstances arising from that pandemic, as well as stating the Corona virus crisis as a force majeure. Then we end this post with a conclusion that includes the outcome of our findings with recommendations, which we believe will contribute to illuminating some places of shadow and ambiguities related to the topic.
Description
E-PROCEEDING 3rd INTERNATIONAL CONFERENCE OF THE POSTGRADUATE STUDENTS AND ACADEMICS IN SYARIAH AND LAW 2020 (3rd INPAC 2020)
"Syariah and Law Approach in Solving Contemporary Issues"
Organized by: Faculty of Syariah and Law
Date: 18 November 2020
Keywords
Coronavirus, contractual obligations, emergency circumstances, force majeure.