تاثير جائحة كورونا على الالتزامات التعاقدية

Abstract

In light of the spread of the Corona and its impact on various sectors and public health in all parts of the world, it has produced effects on the contractual obligations that have become a special legal treatment, as the contractors incurred whether they were natural or moral losses, due to their inability to fulfill their contractual obligations It is a reason that does not result in just difficulty in implementing the contract, but rather more than that. Which led to an imbalance in the doctrinal balance, which made us legally under the force of the force majeure and the emergency circumstance with a direct impact on the implementation of the contract commitment. According to the legal perspective, Corona is a matter outside the will of the contractors, so that it cannot be expected or paid. In front of the Algerian legislator's failure to put a specific legal concept, as it was satisfied with mentioning cases of the foreign cause and leaving the latter the field open to the judge of the matter and its estimated authority to amend the contract in a manner that restores the contractual commitment to its balance, and was granted to the two contracts the right to agree to amend the rules of contractual responsibility or re -negotiation.