Investigating the Impact of Excuses of Impossibility and Difficulty of Contract performance completion on the Lease Contract (with an emphasis on the Corona pandemic)

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

Pari khaledi ¹ , Leila hakkak ² , Mehri Afshari Kaveh ³

1 - Dr Pari khaledi, Assistant professor of Department of Law , Faculty of literature and human science, Islamic Azad university, Mahabad, Iran. (corresponding Author )
2 - Ph.D. Student in Private Law ; Faculty of Law, Theology, and Political Science; Science and Research Branch; Islamic Azad University, Tehran, Iran.
3 - Graduate of Private Law, Faculty of Social Sciences, Imam Khomeini International University, Tehran, Iran.

Received: 2021-01-19 Accepted : 2021-03-01 Published : 2021-02-19

Keywords: Contract, Coronavirus, frustration of contract, difficulty of performance, lease,

Abstract :

Abstract: Undoubtedly, one of the basic necessities of society is committing to obligations and fulfilling them completely. For this reason, the first principle in contracts is the principle of necessity. However, it sometimes happens that the fulfillment of the obligations arising from the contract becomes impossible due to the events that are beyond the obligator’ control. One example of the impossibility or difficulty of performance is the spread of contagious diseases, a special type of which known as Coronavirus is prevalent across the world. This raises the question as whether this disease can be considered as an excuse for the frustration of the contract (excuse) or the difficulty of its fulfillment (difficulty). If it is the case, what will happen to the contract and what will be the contractors’ duties? In response, it should be said that due to the similarity of the components, this disease can be a true example of the difficulty of contract fulfillment, and regarding its role and impact on the scope of contracts, no general rule can be provided for all cases. Therefore, the study of the impact of the Coronavirus on the contract depends entirely upon the type of contract and the conditions governing it. One of the most important contracts affected by this disease was the lease contracts, especially the lease of commercial places in which with the government's order to temporarily close these places, the status of the existing contracts turned into a serious legal issue. In addition, different issues such as dissolution, modification, and suspension of contract were proposed as the possible solutions for the existing situation.Keywords: frustration of contract, difficulty of performance, contract, lease, Coronavirus