Contractual Balance in International Trade Contracts According to the Corona Pandemic
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Keywords

Corona pandemic
contractual balance
international trade contracts

How to Cite

Alabbasi, S. M. S. . (2024). Contractual Balance in International Trade Contracts According to the Corona Pandemic. Spanish Journal of Innovation and Integrity, 29, 1-21. Retrieved from http://sjii.indexedresearch.org/index.php/sjii/article/view/1166

Abstract

This study aimed to clarify what is meant by the Corona pandemic, explain the legal implications of adapting it as a global pandemic, and clarify the standard that the subject court must follow when verifying the availability of the conditions of the theory of emergency conditions in the Corona pandemic and the limits of the court's authority when meeting the conditions of the theory of emergency conditions in the Corona crisis, in addition to To review a method for the court to distribute the emergency burden on the contractors to achieve a contractual balance in light of the mechanisms available to lift the current damage due to the Coronavirus pandemic, and the researcher has relied on the descriptive, analytical and comparative approach by comparing the Jordanian and Iraqi law to achieve the goal of the study a, And the treatment of the study problem, which was represented in explaining the contractual imbalances in international trade contracts in light of the spread of the Corona pandemic, especially that international trade contracts are distinguished by being contracts of an immediate, executive nature, as well as distinguished from other internal contracts by their long duration, and the study reached a set of results The most important of which is the Corona pandemic affecting international trade contracts as a result of the availability of conditions and qualities in the legal excuses that necessitate reconsidering the contractual obligations affected by it, The study also recommended the necessity to explicitly specify the degree of force majeure on the implementation of contractual obligations, whether this effect is an absolute impossibility in implementation and that the parties define the meaning of the absolute impossibility from their point of view, does the impossibility mean absolute objective in its traditional sense or does it mean that the debtor cannot exceed The results of force majeure, even if by making a reasonable effort that they specify in the contract.

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