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The effectiveness of private law rules that regulate exceptional circumstances in settling disputes Resulting from the emerging circumstance Covid-19 Corona Virus) as a model | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 6, Volume 10, Issue 2, 2020, Pages 219-254 PDF (960.93 K) | ||
| DOI: 10.37651/aujlps.2022.171525 | ||
| Authors | ||
| Abdul Basit Jassim Mohammed; ABDULBASIT JASIM MOHAMMED | ||
| Anbar University of Anbar / College of Law and Political Science | ||
| Abstract | ||
| The world was not this close to social contact, nor with this size of economic exchange, before the era of (globalization), which unified the effects of the new circumstances that humankind is going through, and if legal thought was able - previously - to establish new circumstances - at that time - based on One legal theory, (such as emergency circumstances) and (force majeure), the reason for this was the limitation of the circumstance (spatially), while the situation - today - is completely different, in terms of the impact of the whole world, in its various sectors, by the new circumstance, by the action of (globalization) that made The whole world is a small village, which entails an evolution in contractual relations, whether in the mechanisms of their conclusion or in the mechanisms of their implementation. The rules of private law have succeeded, to a satisfactory extent - until now - in regulating these relationships in the event of exceptional circumstances, and as it was possible to conclude contracts between those spatially far apart, many of them were easily implemented through the same web, and this is why it is no longer fair to consider the impact of new circumstances on obligations. Contractualism based on one legal theory, as long as it is possible to keep a group of them enforceable despite the new circumstances, and the possibility of applying the provisions of the theory of (force majeure) to a second sect, and the provisions of the theory (emergency conditions) on a third sect, in addition to the possibility of granting a judicial term (easy view) For a fourth class of them, and so forth, at the same time, and towards the same emerging circumstance, due to the flexibility and comprehensiveness that characterize the rules of private law that regulate exceptional circumstances. What helped - in fact - to settle disputes resulting from the new circumstances, according to several theories, in order to achieve the greatest degree of justice and balance between the conflicting interests. | ||
| Keywords | ||
| effectiveness; Private Law; dispute settlement Covid-19 Corona Virus as a model | ||
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