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AuthorAbdullah, Abdullah
Available date2021-08-12T10:18:04Z
Publication Date2020-12
Publication NameArab law quarterly
Identifierhttp://dx.doi.org/10.1163/15730255-BJA10070
CitationAbdullah, A. A. (2020). Coronavirus Pandemic and Contractual Justice: Legal Solutions and Realistic Approaches: A Study in Qatari Civil Law and Comparative Practices, Arab Law Quarterly (published online ahead of print 2020). doi: https://doi.org/10.1163/15730255-BJA10070
ISSN1573-0255
URIhttp://hdl.handle.net/10576/21708
AbstractThis article examines challenges and proposes legal solutions for the enforcement of contracts especially after the transformation of the economy following Covid-19 and related governmental measures that have swept throughout the world since December 2019. Maximising the role of the judge and increasing the contractual parties’ involvement in phases of contractual disputes constitute the core of this research. This article argues for strengthening the contractual guarantees by advocating for the use of the two contract doctrines of force majeure that normally lead to termination of contractual obligations, and changed circumstances that may trigger intervention of the judge to lift the economic burden of the debtor and reach a fair solution. This article also argues for adopting a more flexible approach to the application of the doctrine of change of circumstances during the performance of the contract that not necessarily relies on this traditional distinction between force majeure and hardship.
SponsorThis research was conducted within the framework of a Cooperative research project funded by Qatar Foundation (QF)—Qatar National Research Fund (QNRF)—National Priorities Research Program (NPRP)—Cycle 11. The research project is entitled ‘Toward Reforming the Economic Legislative Mechanisms for Achieving Legal Security in Light of the National Policies of the State of Qatar’—Number: NPRP11S-0101-180160. This article is part of the research papers related to the output of this research project
Languageen
PublisherBrill
SubjectQatar Civil Law
Subjectcontractual obligations
Subjectcontractual guarantees
Subjectforce majeure
SubjectCovid-19
SubjectDoctrine of Change of Circumstances
TitleCoronavirus Pandemic and Contractual Justice: Legal Solutions and Realistic Approaches. A study in Qatari Civil Law and Comparative Practices
TypeArticle
Pagination1-20
Volume Number36


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