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THE IMPACT OF THE CORONA PANDEMIC ON THE FINANCIAL BALANCE OF ADMINISTRATIVE CONTRACT | ||
| Journal of college of Law for Legal and Political Sciences | ||
| Article 3, Volume 9, Issue المؤتمر الافتراضی الاول / الجزء الاول, 2020, Pages 9-22 PDF (582.46 K) | ||
| Authors | ||
| Alia G.Musa; Shaymaa S. Aziz | ||
| Abstract | ||
| The contractor with the administration، on the occasion of the implementation of the administrative contract، may be exposed to some circumstances that were not taken into account when the contract was concluded، which would add additional burdens that weigh on him، which requires the contracting administration’s intervention to create what is known as the financial balance of the administrative contract، and the aim of that intervention is to create a balance Among the burdens incurred by the contractor with the administration and the benefits that he enjoys، by compensating him based on certain conditions and theories، even if there is no mistake on the part of the administration.She also clarified through this research that the idea of emergency conditions in Islamic jurisprudence and positive law also deduced similarities and differences between Islamic jurisprudence and civil law in terms of the concept and controls of the emergency circumstance in both، and clarified the concept of emergency circumstance، and the pandemic of our ancient jurists، and the extent of the legitimacy of the situation The pandemic، the consideration of the excuse، and the difference between the jurists between a permissible، and a barrier to considering them as having an impact on the obligation of the contract، and also showed the effect of considering the emergency conditions، and the pandemic، the continuation of implementation or compensation، so that the damage is lifted from the affected party، and since the situation that we live in Y Pandemic Corona | ||
| Keywords | ||
| financial balance; corona pandemic; administrative contract; emergency conditions theory | ||
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