الآثار القانونية للإجراءات والتدابير المتخذة لمواجهة الآثار المترتبة على فيروس کورونا (Covid-19) على التوازن المالى للعقد الإدارى "دراسة مقارنة" | ||||
| مجلة الدراسات القانونية والاقتصادية | ||||
| Article 14, Volume 8, Issue 3, September 2022, Page 1009-1258 PDF (4.12 MB) | ||||
| Document Type: المقالة الأصلية | ||||
| DOI: 10.21608/jdl.2022.257322 | ||||
 View on SCiNiTO | ||||
| Author | ||||
| عبد المنعم عبد الحميد شرف | ||||
| کلية الحقوق - جامعة المنوفية | ||||
| Abstract | ||||
| Summary The administrative contract, like other contracts is subject to the provisions of private law, is carried out by consensus of two wills that tend to create a particular legal status that is a creation or modification of an obligation, but the administrative contract is characterized by its uniqueness by a special legal system different from civil contracts, and effects that are completely different from those arranged by civil contracts. Since new circumstances may arise that could not have been expected, leading to a serious disruption of the economics of the contract, in which case the administration must intervene in order to assist the contractor to cope with those circumstances that impede the performance of the administrative contract, contributing to the bearing of part of the loss to the contractor as a result of these circumstances. There is no doubt that the Corona pandemic affects the financial balance of the administrative contract, as this balance is disturbed by the measures taken to confront it. In fact, the judgment cannot be generalized to all procedures and measures issued to confront the Coronavirus, but must be considered on a case-by-case basis according to the circumstances surrounding the contract and the impact of these procedures or measures taken on contractual obligations, if the procedure or measure makes the execution of the contract cumbersome and harms the contractor with any damage, then the theory of the work of the prince is applied, if the action leads to the upside down of the economics of the contract, the theory of emergency circumstances is applied, and if the procedures makes the execution of the contract impossible, Whether absolute impossibility or relative impossibility applies the theory of force majeure. If this procedure is adapted as an emergency, the administrative judge applies the effect of these circumstances of partial compensation to the contractor with the Administration. If that procedure is adapted as force majeure, the effect of the procedure is applied, which varies according to the type of impossibility, and if the impossibility is absolute, the contractual obligations are waived, the contract is avoided at the request of one of the parties and, if necessary, compensation is awarded at the request of one of the parties because the theory of force majeure is not of public order. If the impossibility is relative or temporary, the contractor ceases to perform the obligation until the force majeure disappears and then returns to perform its obligations after the circumstance has disappeared. Through this research, we have been illustrated the legal effects of the procedures and measures taken to counter the effects of the Coronavirus (Covid-19) on the financial balance of the administrative contract. We have divided this research into two chapters: the first chapter: The general or epidemiological nature of the Coronavirus and its impact on the idea of the financial balance of the administrative contract, and we have divided this chapter into three subjects: the first subject: the general and epidemiological nature of the Coronavirus, the second subject: the impact of the general and epidemiological nature of the Coronavirus on the idea of the financial balance of the administrative contract, and the third subject: theories of the financial balance of the administrative contract. As for the second chapter, we dealt with the legal nature of the procedures and measures taken to face the effects of the Coronavirus or the Corona pandemic, and divided this chapter into three subjects: the first subject: the legal adaptation of the procedures taken to face the effects of the Coronavirus, the second subject: the limits of the authority of the administrative judge and his intervention in the field of implementation of contractual obligations in light of the Corona pandemic, and the third subject: Legal solutions to mitigate the effects of the Coronavirus on the implementation of contractual obligations. | ||||
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