Document Details
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Document Type |
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Thesis |
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Document Title |
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THE IMPACT EMERGENCY CONDITIONS ON THE IMPLEMENTATION OF THE CONTRACT IN THE SAUDI LAWS آثار الظروف الطارئة على تنفيذ العقد في ضوء الانظمة السعودية |
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Subject |
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Faculty of Law |
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Document Language |
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Arabic |
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Abstract |
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Contracts represent great importance in society, as they organize work between people in society, whether a natural or legal person within the framework of mutual obligations to reach the implementation of the contract or achieve goals, but these contracts are affected by circumstances beyond the control of the parties, which is called emergency circumstances, and the jurisprudence Islamic emergency circumstances and force majeure under the name of excuses and pandemics, as dealt with by different legal systems, and the importance of studying this theory, controls and circumstances for its application in light of the global pandemic, the Corona pandemic (Covid-19) has increased; This study deals with the determinants of contingent circumstances by explaining the circumstances for applying the theory of contingent circumstances in the execution of the contract, and the judge’s authority in applying the theory of contingent circumstances in the implementation of the contract
The research also dealt with the effects of applying the theory of contingent circumstances on the implementation of the contract and the contractors, as well as the effect of the emergency circumstances on non-contractors, both public and private The study also dealt with some judicial and practical applications issued in this context.
It should be noted that the Saudi regulator has taken many legal and procedural mechanisms to mitigate the impact of this pandemic on the facility and the contractors, and among the most prominent and most recent of these means is Supreme Court Decision No. (45 / M) dated 5/8/1442, which laid down some principles, including: The Coronavirus pandemic is an emergency situation if the commitment or contract can only be executed with an unusual loss, and force majeure if implementation becomes impossible, and the decision sets circumstances for implementing this principle; The court - upon the request of the plaintiff of damage, after weighing the two parties and examining the surrounding circumstances - shall undertake to amend the contractual obligation to which the pandemic occurred, in order to achieve justice as a second principle. Observing some controls when assessing the effects of the pandemic۔ Therefore, the importance of this research comes. |
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Supervisor |
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Dr. Faisal Sattouf Al-Assaf |
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Thesis Type |
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Master Thesis |
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Publishing Year |
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1443 AH
2022 AD |
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Added Date |
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Tuesday, March 15, 2022 |
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Researchers
| فيصل عامر المالكي | Al-Malki, Faisal Amer | Researcher | Master | |
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