Journal of college of Law for Legal and Political Sciences

The Corona pandemic is one of the most dangerous crises facing the world today, especially as it has increased tension in the relationship between the United States and Europe on the one hand, and China on the other hand, so the latter was accused because it is the source of corona and did not reveal the extent of its danger from the beginning, as well as causing Corona to The stagnation of the global economy and the isolation of the countries of the world, not to mention the fact that Corona posed a question, discussion and assumption about the possibility of a change in the international system and the nature of international relations, especially after the emergence of the inability of the developed world to find a vaccine for him, and the weakness of the World Health Organization in dealing with it.

There is no configuration if each contractor had committed to fulfilling his rights and the obligations and there is and no emergency has occurred that Interrupt the optimal implementation of the contract, but the actual fact arises after some viruses have had a severe impact on life in general and on contracts in particular, including Covid-19 virus. Its impact reached to be considering as a global threat, which led to issues raised due to how to implement the held contracts and the losses from this pandemic that struck most countries of the world, including the most economically stronger countries in the world.
Among the people of the research problems is an explanation of the impact of these viruses in general and the Covid-19 virus in particular on how the legal adaptation of contracts, which we have noticed because it probability between the majeure force and emergency circumstances, with demands for new regulations in particular to serve the situations the world is going through as a result of the impossibility or difficulty of implementation. Implementation is sometimes can be possible.
By abolition what has been previously explained, we conclude that there are contracts that have not been permanently affected by the measures taken by the countries to confront the Corona virus and limit its spread, and there is another type of contract that has been affected to the point that the commitment has become impossible to implement and here we apply the majeure force theory, there is a third type of contracts that which it is impossible to implementing the obligations, but has become cumbersome; hence, we applied the theory of emergency circumstances.
Accordingly, in all cases, the legal characterization of each incident is subject to the discretion of the judge, and if the judge considers that there is an impossibility in implementation in light of the precautionary procedures taken by the countries to limit the Corona virus, which are ranging between the contract's cancellation due to the majeure force or the contract rebalancing due to the emergency circumstances or considering the contract is valid and not affected by the procedures that have been taken. Accordingly, the failure of one of the parties may lead to compensation for the damage to the other party.

The research entitled (The Impact of Desirability in Changing Rulings Due to the Coronavirus Pandemic) (Comparative Study between Sharia and Law) highlights the importance of dependency sources, among which is (approval) in influencing some provisions of Islamic law to change and amend them to suit the circumstances of time and place. Because people's interests do not remain constant forever; Rather, it changes from one environment to another environment and time to another time, and rulings have not been legislated except to preserve these interests, so we find it necessary for the jurist, mufti, and judge to take into account those interests that a person needs in applying the rulings in a manner that is better, and he must favor a judgment for an exceptional issue on a total basis Because he thinks it is better according to the legal standard, such as if a flood, volcano or earthquake occurs, or an epidemic or pandemic like Corona virus or what is called (Covid 19) has spread so that a person is not able to respond, in these incidents must have special provisions to suit the conditions of people.
As the research highlighted that the problem and the incident are also subject to the judiciary, so the judge falls between the application of the ruling by referring to the legal texts, which harms people, and taking into account the conditions of people as a result of the emergency that passes through the country and the city without a person having any involvement in it, so the judge has the right to intervene to reduce Certain provisions and laws to eliminate harm and unfairness, in compliance with the principle of approval. Because it is considered better by a legal standard in order to take into account the interest.
In the research it is indicated that these provisions in exceptional circumstances are not considered to be in contravention of the original texts, whether they are legal or legal. Rather, it is consistent with its intentions and the spirit of the text, and it does not remain constant either. Rather, they change to the provisions of the original laws in the event that the reasons for changing the provisions change.

The Public health is one of the most important objectives of the administration, as it is a duty upon the administration to take the necessary measures, because of its powers in administrative control, to preserve the public interest, especially from the risks posed, especially the epidemics caused by viruses and the rapid spread through infection, and in exchange for giving the legislator the administration the right Exercising exceptional powers leading to restrictions on the freedoms of people and limiting their movement. The exercise of this authority results in multiple human rights problems, which fall within the scope of public law from the means of control and abuse of power and the extent to which the goals are achieved, and they deviate from our topic here, because they are subject to the traditional rules which dealt with in jurisprudence and administrative justice.
As for the section within the scope of our research, it is the legal aspects that affect the person’s freedom and will, and the effect of the administration’s measures on quarantine on his consent, the integrity of his will, and his choice. Also, the quarantine may cause for the person in detention to be exposed to health when he has dealt with people who carry the contagious virus, which is another problematic relate to the civil liability of the custodian towards this person. Also, this person may actually become ill, and here a legal framework of the quarantine must be created, which is strictly supervised by the administration, in order to preserve the safety of quarantined, and a system of insurance should be created from the dangers of this quarantine.

On the eve of the month of January of the year 2019, the international news agencies are no longer a virus Corona that covered all of its news activities, and the World Health Organization mocked its efforts to confront this epidemic and that interest comes as it has become a stalled reason for the economic activities of the economy and global capital with the risk to health Man and his presence in all parts of the world, and from here there is no reason to doubt the seriousness of this infection, especially as it is transmitted without restrictions between individuals, and from here the World Health Organization started its procedures through various countries of the world, including both preventive and curative, and an attempt to The health reality of late and developed countries alike also plagued, and because the People's Republic of China is home to the emergence of the first virus and because Iraq is also affected by it, we decided to compare the legislation of the two countries about studying the substantive provisions of the crime of refraining from news of infection with coronavirus, which will be dealt with In two paragraphs, the first is devoted to the definition of corona virus, and the second is for the provisions of the crime of refraining from reporting infection with corona virus.

It is no secret to anyone that the administrative authorities in the state take charge of putting the legal rules into practice, and derive their powers and powers from the constitution, laws and regulations, so they exercise their duties in accordance with what was decreed and within the framework of the principle of legitimacy, but sometimes the state may be exposed to an exceptional risk or circumstance that requires implementation With special procedures to ward off this danger, the constitution often organizes how to deal with unusual and exceptional circumstances such as allowing suspension of work or non-compliance with some constitutional and legal texts during the period of the exceptional circumstance and working according to a special legitimacy that differs from that followed in the higher circumstances Leading.
Granting the administrative authority the right to enjoy exceptional powers during extraordinary circumstances does not mean freeing its hand and not being held accountable for the material and legal actions issued by it, it remains subject to censorship, either during the exceptional circumstance or even after its demise if any breach of rights and freedoms or any unjustified abuse is required. Because the aim of granting these powers to the administrative authority is to achieve public interests and to protect and maintain public order, it must adapt its actions in light of this, So we decided in this research to study the legal adaptation of the authorities of the administration in exceptional circumstances, especially in the event that the state is exposed to a pandemic that threatens the health of citizens and constitutes a threat to the life of society, by dividing the study into two topics, the first topic dealt with an explanation of what the exceptional circumstances are, and the second topic dealt with the authorities of the administration In exceptional circumstances and legal adaptation.We have reached, through the research, a set of conclusions regarding the degree mainly of the reality of Iraq and the procedures followed by the competent authorities in dealing with exceptional circumstances and ways to prevent them, as we have made some proposals that we believe would contribute to strengthening this important and sensitive aspect that is directly related to the sovereignty The state, the rights and freedoms of individuals.

Within the recent presence and spread of the (COVID-19) inside and outside Iraq and the large number of deaths obtained as a result of infection, we hope to handle the (intentional murder by transmitting the Coronavirus) and indicating the extent of its adaptation in accordance with the provisions of the Iraqi Penal Code, so the crime of killing by transmitting the Coronavirus is an unconventional means of killing, especially with the ease of spreading this virus and turning it into a global pandemic within a short period, as it has claimed the lives of thousands of people. Therefore, we discussed the pillars of this crime in the first three sections, and we devoted the last section to the sanction prescribed for this crime.

It is well established that the subject of the provisions of responsibility occupies the forefront among the topics of the civil law, because in it the individual faces the danger that threatens his security, health and all his rights from the threat to society, especially when the individual is exposed to harm from another person that causes harm to his health and transmits infection to him from an epidemic disease Like the deadly corona.
So whoever sheds light on a person's tort liability from transmitting an infection and showing its results after fulfilling the conditions of liability.

Emergency accidents lead to a breakdown of contractual balances, since contracts at their conclusion achieve a kind of balance in a way that equals obligations between the contracting parties, so if an unexpected accident occurs, it leads to a breakdown of the contractual balance and makes one of the parties implement its commitment exhausting and impossible, and when the World Health Organization announced a virus Corona (Covid 19) As an international cross-border pandemic, states have taken force majeure, which is legally an out-of-control contracting party with a direct negative impact on the implementation of contractual obligations, including the commercial supply contract, and countries have resorted to a Legal mechanisms and ways to address the obligations opposite.

Throughout history, the world has witnessed the emergence of deadly and dangerous epidemics that hit the human respiratory system and claimed the lives of millions of people, the latest of which is the Coronavirus (COVID-19), which was first reported in Wuhan, China, on December 31, 2019. Whereas, epidemics are considered material facts. Reflecting negative effects on contractual obligations between members of society themselves or between them and the state, we have sought in this research to know the extent of the possibility of considering the Corona virus a force majeure and thus a legal bond that individuals and companies adhere to to evade their obligations towards others? Or is it just an emergency circumstance that makes the debtor’s implementation of his obligation cumbersome and thus a reason for delaying the implementation of the contract rather than a reason to justify its termination? We have reached a conclusion that this epidemic does not have a single frequency of judgment, it may not have any effect in the contract, so the latter becomes obligatory for implementation according to what has been agreed upon between the two parties, and it may affect the contract if the descriptions of force majeure or an emergency situation are fulfilled, making the commitment The contract is impossible, so the debtor is exempt from the guarantee or burdensome to the debtor, and then the judge must reduce the burdensome obligation to a reasonable extent to achieve a balance between the two parties to the contract.

In 2020, this world was still affected by many distinct and separate events from past years, but the most powerful and most important of these events was the outbreak of the Corona virus that first appeared in the Chinese city of Wuhan and then suddenly and unexpectedly spread in the world, where many problems were born Various and varied, and perhaps the most important economic problems that are reflected in contracts in different forms, but their impact on labor contracts and transactions was more, as many institutions, factories and companies stopped, so a large group of workers lost their work and even threatened the strength of their day, due to the epidemic and quarantine. Consequently, these workers were between the impossibility and the loss in the implementation of their contracts, and the jurists have advanced to show their role in explaining the explanations and theories about this epidemic within the framework of the contracts, to which we have contributed, and we asked several questions, it is worth noting, what is the legal conditioning of the labor contract between the impossibility And the loss in the implementation of the labor contract in light of the Corona epidemic, it is important to ask this question to know the legal location of this epidemic. In order for the answer to the first question to be accurate, we identified the determinants of this impossibility and this fatigue in light of the Corona epidemic, where we were directed to many of the determinants of the Corona epidemic, some of which are generally not limited to the epidemic only, in order to establish a rule for each case consistent with the surrounding circumstances .

The spread of Corona virus imposes an economic and legal reality that requires keeping pace with the changes that occurred in the course of contracts, the most important of which are international labor contracts and lease contracts, as solutions must be found to restore the contractual balance and raise the damage suffered by the contractors and to achieve the contractual balance. That they were before the contract and contracting according to the new situation or applying the theory of emergency conditions to raise the damage to a reasonable extent. And considering the Corona pandemic as one of the causes affecting contractual obligations, especially its effect on the principle of the contract, the Shari'a of the contractors, that is, the implementation of the contract according to what was contracted for, as the principle of the authority of the will, free will is the source of the binding force of the contract. But this is not absolute, as the justice that granted her the strength of commitment is what allows exceptions to it and discussion of the grounds on which it depends if the principle of the contract is violated, the Sharia of the contractors, and this exception is the Corona pandemic that led to the imbalance of the contractual balance, as a result of the emergency situation, allowing the judge to amend the obligations of the parties to the extent It is reasonable, and we also explained in the scope of the research the concept of the Corona pandemic in Islamic jurisprudence and how to restore the nodal balance.

The World Health Organization had an effective role in strengthening cooperation between countries and organizations to confront the Corona virus، and that the world countries، especially the major countries، were and still are interested in spending on the military side at the expense of other aspects that are more important to their people and the people of the whole world، such as the health aspect and the development of its services so that it is qualified to face Disasters and emergency epidemics. The Corona pandemic، which has broken out in all countries around the world، leaving many injuries، deaths and economic losses significant، is a form of biological terrorism that will tip the scales across the world، especially after the accusations of the leaders of the countries of the world each other about the emergence of this virus and how to spread it، so that it has become a Corona virus A reflection on international relations and this leads to changes in the international system after the elimination of this virus.

It is evident that force majeure and emergency accidents have a direct impact on contractual obligations. In principle, the contract is held in which the performance is equal, but not necessarily absolute, until the economic balance of the contract is achieved, and when there is an unexpected emergency that makes the implementation of the debtor’s obligations burdensome or force majeure occurs So that it becomes impossible to implement the obligation. Here, legislation intervenes and establishes legal ways to return obligations to a state of parity, as force majeure or emergency circumstances affect obligations. And after the World Health Organization announced the Corona Virus, a global cross-border pandemic. The countries of the world, respectively, by imposing a state of emergency and taking precautionary measures against this epidemic, we have become before a force majeure whether or not the states declared it because the conditions and conditions of this force apply to the Corona pandemic and the negative impact on the implementation of contractual obligations, especially the carrier’s obligations to the thing in the transport contract within the Iraqi transport law No. (80) for the year 1983, as this pandemic, according to the legal perspective, is considered something outside the control of the contractors and was not expected in addition to the impossibility of paying it at the present time, which are conditions of force majeure. We divided our study in this research into three topics, we dealt in the first with the Corona virus and the force majeure between theory and practice, and in the second, the obligations of the carrier of the thing within the Iraqi transport law, while the third was on the responsibility of the carrier in the presence of the corona virus.

What our contemporary world is experiencing today of an epidemic or a pandemic silenced the world and stopped it despite the progress and practical development that humanity has reached, and here today the countries of the whole world have stood helpless in front of this virus that cannot be seen with the naked eye, and this is evidence of the helplessness, weakness and lack of all humanity. Its creator, there is no doubt that the main reason for the spread of such diseases and plague is the deviation that occurs in the nature of man whenever humanity moves away from the path that the Lord of servants has charted for it, may God increase the plague and torment for it until it returns. Injustice and the like are among the sins that necessitated these punishments, and through this research we aim to explain a brief description of the oppression that occurred in the Islamic world and explain the reason for that and how to treat it