Implications of the corona virus and its impact on the implementation of contractual obligations in Algerian civil law

Abstract

The new Corona virus since its first appearance, and legal jurists differed about its nature and legal adaptation;  This is in order to determine the applicable legal rules, and try to find the appropriate provision for such an incident, especially in light of the repercussions and effects that resulted from this virus, which led to the occurrence of a lot of disturbances, as well as the almost complete disruption of the global economy, thus the implementation of most transactions and contracts were affected.  Civil and commercial contracts, especially futures contracts that are lax at the time of their execution.

 The search for the legal nature of the outbreak of this virus has resulted in the latter being attached in some cases to describing emergency conditions, so it is considered an exceptional general accident that cannot be expected, and thus the contractual obligations that affected the implementation of this virus are subject to the provisions of Article 107/03 of the Algerian Civil Code,  The judge shall intervene at the request of the weary party, and within the limits of his discretionary power, to return the onerous obligation to a reasonable extent.  Either by decreasing the onerous commitment, or by increasing the commitment corresponding to the burdensome commitment, or by stopping the implementation of the contract.

 This; The legal nature of this virus may require, in some cases, to be attached to the description of force majeure, which is one of the cases of foreign cause stipulated in Article 127 of the Algerian Civil Code, which provides for exempting the contracting parties from carrying out their contractual obligations that are impossible to fulfill, and therefore the parties dissolve from these  Obligations without compensation.