The judge’s role in enforcing and controlling the reprehensible condition during the Corona pandemic

Authors

  • Khalid Mohammed Ali University of Diyala - College of Law Author

DOI:

https://doi.org/10.55716/jjps.2022.S.4.30

Keywords:

Judge,, condition,, breaker,, control,, Corona pandemic

Abstract

Individuals are free to choose the contracts that they conclude based on
the principle of the supremacy of the will that transcends in the field of
contracts. which would include what it deems appropriate of terms in those
contracts, without interference by the legislator, who grants them complete
freedom in the same field. Among the common conditions in the field of
contracts is the revocable or explicit condition as being clearly stated in the
contract. It leads to the termination of the contract and the return of the
contracting parties to the state they were in before the contract, taking into
account the consequences and effects of the termination. We are in the process
of explaining the judicial authority and its role in the event that the revocable
condition is fulfilled, in light of the spread of the Corona epidemic (Covid 19),
which stopped all life facilities and the accompanying general ban in most
countries of the world. It is expected to intervene by the legislator to organize
the proper legal description of the pandemic and controls or instructions to
guide them in various legal fields, to stabilize transactions and achieve balance
in contracts.

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Published

2025-01-20

How to Cite

The judge’s role in enforcing and controlling the reprehensible condition during the Corona pandemic. (2025). Journal of Juridical and Political Science, 11(3), 813-833. https://doi.org/10.55716/jjps.2022.S.4.30