English abstract
The studying dealt with a statement of the legal effects of the emergence of the emerging corona virus on debt and commercial contracts, and whether the new corona virus (Covid 19) meets the conditions of force majeure, which are represented in four conditions: that the debtor does not have an income in its occurrence, that it is not expected, and that he cannot pay it and that it would make the implementation of the obligation impossible. We found that it is available here. At that time, the judge may amend the method of payment of the commercial debt, whether by installments or deferring it in a way that does not seriously harm the creditor, and he may rule for the termination of the commercial contract when implementation is impossible due to force majeure, or give the debtor a judicial period to fulfill it (look at ease) when there is a temporary impossibility. Then take up the studying dealt with the availability of the conditions for emergency conditions in the emerging corona virus (Covid 19), which are represented in three conditions: that it be general, that it not be expected, and that it would make the implementation of the obligation extremely burdensome for the debtor, and we found that they are available here, The judge at that time may amend the method of payment of the commercial debt, whether by installments or deferring it in a way that does not seriously harm the creditor, and he may rule to amend the commercial contract by establishing an economic balance between the obligations of the two parties. Finally, the studying dealt with the availability of bankruptcy conditions for the merchant who stopped paying his debts due to the new Corona virus (Covid 19), and we found that it is considered a circumstance beyond his control, and the debtor-merchant may then request restructuring or preventive composition from bankruptcy or bankruptcy according to the availability of the conditions of any of them. In the end, the research recommends that any exceptional circumstance must be faced with measures and efforts from the state and individuals so that we can overcome that situation with the least possible losses, whether in terms of temporary legislation or aid to debtors from the state, or creditors’ understanding with debtors to reach an appropriate solution they see fit.
