scholarly journals The Extent to Which Force Majeure Applies to Contractual Obligations in The Shadow of the Corona Pandemic

2020 ◽  
pp. 177-192
Author(s):  
Ammar Shakier Mahmood ◽  
Ahmed Safaa Yahya Al Khateb
Keyword(s):  
Contractual Relationship ◽  
Corona Virus ◽  
Force Majeure ◽  
The World ◽  
Descriptive Approach ◽  
Contractual Obligations ◽  
Made In

This pandemic Covid-19 or Corona virus is an urgent foreign cause to the whole world, including the parties to the contractual relationship who had no hand in the occurrence of that pandemic and are not able and able to avoid their effects, regardless of the efforts they have made in that. Mostly (a foreign force majeure led to obstructing the implementation of the obligation and making the debtor’s implementation of his obligation impossible. Through this, the researcher aims to explain the effect of this adaptation on contracts. The researcher committed to his research in the comparative descriptive approach in explaining the concept of the pandemic from a linguistic standpoint and its effects on commitment in general and contractual in particular And the researcher reached to impart the proper legal adaptation of the pandemic to which most of the countries of the world as well as the French judiciary go, which is that the pandemic "covid 19" arising from the spread of the Corona virus is a foreign reason that represents a force majeure that prevents the debtor from carrying out his commitment and makes its implementation of his commitment impossible.

scholarly journals The Impact of "COVID-19" Pandemic On Contracts Concluded Between Individuals Internally

2020 ◽  
pp. 210-236
Author(s):  
Saman Ahmed Shehab ◽  
Ammar Shaker Mahmoud Faisal
Keyword(s):  
Contractual Relationship ◽  
Corona Virus ◽  
Lease Contract ◽  
The World ◽  
Descriptive Approach ◽  
Contractual Obligations ◽  
The Impact

Corona virus that causes its pandemic as a copied-19 is an emergency circumstance for the whole world, including the parties to the contractual relationship (the lessor and the lessee) who had no hand in the occurrence of this pandemic or its effects that afflicted their contractual obligations, making them exhausting, not impossible to fulfill, and accordingly a legal adjustment must be made. For that pandemic, and it mostly pleases (an exceptional emergency circumstance that made the tenant’s implementation of his obligation to pay the fare exhausting. The researcher aims through this to demonstrate the effect of this conditioning on the lease contract. The two researchers committed to the comparative descriptive approach in explaining the concept of the pandemic from a linguistic standpoint and explaining its effects on the commitment in general and contractual in particular and they reached the appropriate legal adaptation of the pandemic to which most countries of the world go, as well as the judiciary.

scholarly journals Penyelesaian Wanprestasi atas Dasar Force Majeure Akibat Pandemi Covid-19 dalam Perjanjian Pembiayaan Konsumen

2021 ◽  
Vol 2 (2) ◽  
pp. 349-353
Author(s):  
Made Bagus Rizal Raysando ◽  
Ni Komang Arini Setyawati ◽  
Desak Gde Dwi Arini
Keyword(s):  
Research Method ◽  
Contract Law ◽  
Consumer Finance ◽  
Legal Basis ◽  
Conceptual Approach ◽  
Contractual Relationship ◽  
Corona Virus ◽  
Force Majeure ◽  
Contractual Obligations

Consumer finance is a financing institution that is officially still relatively new in Indonesia. Consumer financing agreements are agreements that arise in the day-to-day practice of the wider community. In a contractual relationship, the Covid-19 pandemic has become a point of debate between business actors who are bound by the contract. Debtors who have contractual obligations make the Covid-19 pandemic a basis for freeing themselves from their obligations to fulfill achievements. The purpose of this research is to find out the legal basis for the arrangement of consumer financing agreements in the perspective of contract law and to find out the consequences of force majeure for the parties to the consumer financing agreement in the event of a Covid-19 pandemic. The problems contained in this research are how the legal basis for the regulation of consumer financing agreements in the perspective of contract law and what are the consequences of force majeure for parties to the consumer finance agreement in the event of a corona virus outbreak. The method used is a normative research method by using a statutory approach and a conceptual approach. Based on the results of this study, it can be concluded that the Covid-19 pandemic currently occurring can only qualify as a forced condition which is not absolute or relative or it can be said that the debtor cannot make the reason for this pandemic as a reason for contract cancellation. This relative coercion is limited to delaying the implementation of the obligation to fulfill the achievement for a while, whereby the parties can negotiate the agreements that have been previously made.

Coronavirus Pandemic and Contractual Justice: Legal Solutions and Realistic Approaches: A Study in Qatari Civil Law and Comparative Practices

2020 ◽  
pp. 1-20
Author(s):  
Abdullah A. Abdullah
Keyword(s):  
Economic Burden ◽  
Civil Law ◽  
Flexible Approach ◽  
The Core ◽  
Force Majeure ◽  
The World ◽  
Contractual Obligations

Abstract This 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.

scholarly journals Eksistensi Perjanjian Ditengah Pandemi Covid-19

2020 ◽  
Vol 1 (1) ◽  
pp. 33
Author(s):  
Kunarso Kunarso ◽  
A Djoko Sumaryanto
Keyword(s):  
Research Method ◽  
Virus Disease ◽  
Human Life ◽  
Large Population ◽  
The State ◽  
Legal Research ◽  
Conceptual Approach ◽  
Corona Virus ◽  
Force Majeure ◽  
The World

Corona Virus Disease-19 (COVID-19) has a significant impact on all aspects of human life in the world, especially in Indonesia which is very large in area and has a large population (around 267 million people) with different kinds of professions. The purpose of this study is to focus on civil matters, with more emphasis on the problem of agreements that are influenced by Covid-19. The normative legal research method uses a statutory approach, and a conceptual approach to force majeure and describes an analysis (analytical descriptive). The results showed that the agreement in the state of the Covid-19 outbreak greatly influenced the implementation of the agreement set and agreed upon by the parties, because the agreement binds the parties, so the parties are subject to the contents of the agreement.

scholarly journals THE COVID-19 PANDEMIC – AN IMPEDIMENT IN PERFORMANCE OF CONTRACTS

2020 ◽  
Vol 3 (2) ◽  
pp. 177-185
Author(s):  
Mohammed Zaheeruddin
Keyword(s):  
Breach Of Contract ◽  
Commercial Activities ◽  
Force Majeure ◽  
The World ◽  
The Law ◽  
International Sale Of Goods ◽  
Contractual Obligations

The COVID-19 pandemic has created unprecedented situation all over the world, ocmpelled the governments to declare lockdown, closing of businesses, industries, commercial activities, ban on certain imports and exports. Under these circumstances, an obligor may not be able to perform his contractual obligations, consequently may result in breach of contract. In case of claim of damages by the obligee for breach of contract, the obligor may seek exemption from damages under the law of impediment or force majeure. According to Article 79 of the UN Convention on Contracts for the International Sale of Goods 1980 (CISG), a party is not liable for damages due to non-performance, delay or defect in performance, if he can prove that the failure was due to an impediment beyond his control. The COVID-19 situations are beyond the control of the parties to the contract, must be considered as an impediment or force majeure and the non-performing party is entitled for exemption from damages under Article 79 of CISG.

scholarly journals Impact of Covid_19 on E-commerce (From a Legal Point of View)

2021 ◽  
Vol 15 (1) ◽  
pp. 1
Author(s):  
Khaled Abed Alshakhanbeh
Keyword(s):  
Large Scale ◽  
Point Of View ◽  
Economic Implications ◽  
Commercial Activities ◽  
Corona Virus ◽  
Force Majeure ◽  
Contractual Obligations ◽  
The Impact

The spread of the Corona virus and the closure of borders and the ban on travel and commercial bodies in companies, which resorted to many commercial activities, relying on a large scale, e-commerce, tourism in that, commercial relations, as a result of the inability to fulfill their contractual obligations, which led jurists to rely on the theory of emergency conditions to explain the impossibility or difficulty of fulfilling the obligations of the contractors on the terms of contracts, and as a result of the occurrence of many contractual problems, the affect of a virus on the capacity of contractors to fulfill their obligations. This article aims to analyze the impact of the spread of the virus on contractual obligations by relying on the force majeure theory, and the position of jurists on using this theory in explaining the impact of the spread of this epidemic on the ability of the contracting parties to fulfill their obligations. The researcher has come out with a set of results, the most important of which is that the new Corona virus can be considered an obstacle or a force majeure, based on what was stated in the contents of the provisions of the relevant bodies, and this will have legal and economic implications for the contractual obligations of the various international commercial contracts.

scholarly journals Position of the Lessee of Business Premises During the COVID-19 Epidemic Virus

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Jovana Pušac
Keyword(s):  
Global Economy ◽  
Complex Issue ◽  
Contractual Relationship ◽  
Contagious Disease ◽  
Force Majeure ◽  
Contractual Obligations

The author explores the complex issue of whether the epidemic virus Covide-19 has the character of force majeure (vis maior) in terms of fulfilling contractual obligations in general, and in particular the obligations of the Lease of Business Premises. Force majeure means a circumstances arising after the conclusion of the contract that the debtor could not prevent, eliminate or avoid, while in the case of the ruling coronavirus epidemic it is a contagious disease of global proportions with consequences for the global economy, for which official medicine is still did not find a cure. In a situation when the lessee of business premises is affected by these circumstances which, undoubtedly, cannot be attributed to him, and which he could not prevent, eliminate or avoid, it is important to explore and analyze legal solutions that, in the absence of contractual provisions, protect the endangered position the lessee and relax his disrupted contractual relationship with the lessor.

scholarly journals The implementation of online learning in efl classroom: its opportunities and drawbacks perceived by teachers and students

2021 ◽  
Vol 6 (3) ◽  
pp. 731
Author(s):  
Perta Rasia Dewi
Keyword(s):  
Online Learning ◽  
Teaching And Learning ◽  
Sampling Method ◽  
Learning Opportunities ◽  
Policy Changes ◽  
Corona Virus ◽  
The World ◽  
Result Show ◽  
Teachers And Students ◽  
Made In

The spread of the corona virus in various parts of the world has led to policy changes in various sectors of life, including the education sector. In order to inhibit the spread of the corona virus and in an effort to break the chain of spread of viruses that have not yet found a vaccine, governments in various countries affected by the covid-19 virus have made policies to carry out online learning. Likewise in Indonesia, the Indonesian government has officially enforced rules for implementing online learning since March 16, 2020. In practice, however, there are various drawbacks perceived by teachers and students in addition to online learning opportunities. Therefore, this study has aimed to determine the opportunities and drawbacks perceived by teachers and students in the implementation of online learning in East Baturaja district during the covid-19 pandemic. The research was conducted in SMPN 32 OKU, East Baturaja district, OKU Regency. The participants were 7th grade students and English teachers who were selected by purposive sampling method. Interviews according to health protocols with 4 questions and observations were made in data collection. The result show that teachers and students perceived that online learning offered flexibility, offered latest news, offered rich and unrestricted tools, facilitated reading, and helped to become more active for less active students, and was fast and easier. However, considering the advantages for learners as online learning is integrated into teaching and learning, there are certain drawbacks that demand immediate attention.

1989 göçü sonrası Bulgaristan göçmenlerinin yemek kültüründeki değişim

2017 ◽  
Vol 4 (2) ◽  
pp. 227-245
Author(s):  
Cahit Kahraman ◽  
İlhan Güneş ◽  
Nanae Kahraman
Keyword(s):  
Eating Habits ◽  
Supply And Demand ◽  
Food Culture ◽  
Rapid Progress ◽  
Canned Food ◽  
Product Range ◽  
The World ◽  
Before And After ◽  
Day By Day ◽  
Made In

1989 göçü öncesi, dünyada eşzamanlı olarak gittikçe gelişen ve zenginleşen mutfak kültürü, Bulgaristan Türklerini de etkilemiştir. Pazardaki çeşitlilik arttıkça, yemek alışkanlıkları da değişime uğramıştır. Büyük göçten sadece 30-40 sene evvel kısıtlı imkânlar ile sınırlı sayıda yemek çeşidi üretilirken, alım gücünün artmasıyla yemek kültüründe de hızlı gelişmeler olmuştur. Artan ürün çeşitliliği yemeklere de yansımış, farklı lezzetler mutfaklara girmiştir. Göçmen yemekleri denilince hamur işleri, börek ve pideler akla gelir. Ayrıca, göçmenlerin çok zengin turşu, komposto ve konserve kültürüne sahip oldukları da bilinir. Bu çalışma, 1989 öncesi Bulgaristan’ın farklı bölgelerinde yaşayan Türklerin yemek alışkanlıklarına ışık tutmakla birlikte, göç sonrasında göçmen mutfak kültüründe bir değişiklik oluşup oluşmadığını konu almaktadır. Bu amaçla, 1989 yılında Türkiye’ye göç etmiş 50 kişiye 8 sorudan oluşan anket düzenlenmiştir. Bu verilerden yola çıkarak oluşan bulgular derlenmiş ve yeni tespitler yapılmıştır. Ayrıca, Türkiye’nin farklı bölgelerine yerleşen göçmenler, kendi göçmen pazarlarını kurmuşlardır. Bulgaristan’dan getirilen ürünlerin bu pazarlarda satılması böyle bir arz talebin hala devam ettiğine işaret etmektedir.ABSTRACT IN ENGLISHThe Diversity in Cuisine Culture of the Immigrants from Bulgaria After 1989 MigrationThe Cuisine culture that has been developing and getting rich day by day contemporaneously in the world before 1989 migration has also had an impact on Bulgarian Turks. By the increase in diversity in the market, eating habits have changed. While producing a limited number of food types with limited opportunities just some 30 or 40 years before the ‘Big Migration’, there has been a rapid progress in food culture by the help of the increase in purchase power. Enhancing product range has been reflected in food, and different tastes have entered the cuisines. When we say immigrant, the first things that come to our mind are pastry, flan and pitta bread. Moreover, it is also known that immigrants have a very rich cuisine culture of pickle, stewed fruit, and canned food. This study aims both to disclose the eating habits of Turks living in different regions of Bulgaria before 1989 and to determine whether there has been a difference in immigrant cuisine culture before and after the migration. For this purpose, a questionnaire consisting of 8 questions has been administered to 50 people who migrated to Turkey in 1989. The results gathered from these data have been compiled and new determinations have been made. In addition, immigrants that settled in different regions of Turkey have set their own immigrant markets. The fact that the products brought from Bulgaria are being sold in these markets shows that this kind of supply and demand still continues.

Auto Markets in the World and Strategy of Japan’s Companies

2019 ◽  
Vol 10 (10) ◽  
pp. 1003-1008
Author(s):  
Hiroyuki Matsuoka ◽  
Keyword(s):  
Saudi Arabia ◽  
Electric Vehicle ◽  
New Technologies ◽  
Auto Industry ◽  
Domestic Market ◽  
Automatic Driving ◽  
The World ◽  
Almost All ◽  
Made In

In the world auto market, top three companies are VW(Volkswagen), Runault-Nissan-Mistubishi, and Toyota. About some selected countries and areas, China, England, Italy, Australia, Germany, Turkey, Russia, Sweden, USA, Brazil, UAE, Japan, Vietnam and Thailand are more competitive. However, the situation is different. Seeing monopolistic market countries and areas, Saudi Arabia, Taiwan, Korea, Malaysia, France, India, and Pakistan, in particular, the influence of Japan to Taiwan, India, and Pakistan is very big. But in Korea and France, their own companies’ brands occupy the market. In Japan domestic market, the overall situation is competitive. Almost all vehicles made in Japan are Japanese brand. From now on, we have to note the development of electric vehicle (EV) and other new technologies such as automatic driving and connected car. That is because they will give a great impact on the auto industry and market of Japan. Now Japan’s auto industry is going to be consolidated into three groups, Honda, Toyota group, and Renault-Nissan-Mitsubishi group for seeking the scale merit of economy. Therefore, I will pay attention to the worldwide development of EV and other new technologies and the reorganization of auto companies groups.

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