Impact of the novel Coronavirus pandemic on the debtor's commitment to the implementation of their liabilities - A Comparative analytical study in the Qatari and French Laws
| Autor: | جابر محجوب علي, طارق جمعة السيد راشد |
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| Jazyk: | Arabic<br />English<br />French |
| Rok vydání: | 2021 |
| Předmět: | |
| Zdroj: | International Review of Law, Vol 9, Iss 4 (2021) |
| Druh dokumentu: | article |
| ISSN: | 2710-2505 2223-859X |
| Popis: | The Coronavirus pandemic, and the entailed measures taken by governments to limit its spread, have raised the question of what mechanisms the civil law can offer to establish a balance between the creditor's right to request a specific enforcement from one hand, and the debtor's right to ask for non-execution if the conditions become impossible or too burdensome on the other hand. Despite the important role of the Force Majeure and Emergency circumstances (Hardship) theories in offering a better solution to this problem, the in-depth study has proven that not only the Term theory (grace period) could play an equally important role, but it also can be a better solution to maintain the contractual relationship and balance between both creditor’s and debtor's rights. This study is divided into three chapters: The first presents the theory of emergency circumstances (hardship) as a mechanism to deal with the effects of the Coronavirus pandemic, the second addresses the theory of force majeure as a mechanism to deal with the effects of the pandemic and the third is dedicated to the theory of term as a mechanism to counter its effects. |
| Databáze: | Directory of Open Access Journals |
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