Application of the Theory of Contingent Circumstances to the Rental Contracts in the Light of Coronavirus Pandemic
Dr. Noor Al Abed Al Razzaq
Assistant Professor of Civil Law – Kuwait International Law School
Abstract:
From the appearance of Coronavirus pandemic (COVID-19) in the beginning of 2020, the world has been living through critical events because of increase of the outcome of human and economic losses, which made the World Health Organization issue a release of considering it a world pandemic. Before that, several countries sought to take precautionary measures to confront this pandemic, such as partial curfew, stopping of flight movement, interrupting the work in the institutions of the State, issuing decisions of closing the shopping centers, sporting clubs, saloons, and cinema halls, and the partial continuity of other activities. These decisions led to the affliction of large damage to the owners of commercial activities, and, several contractual relationships were affected by the current circumstances, such as commercial relationships. Several tenants were afflicted by overburden in executing their obligation of paying rent, such matter which lead to raising the question regarding the extent of due rents in this period and the extent of considering the Coronavirus pandemic a contingent circumstances which allow the judge to intervene to restore the economical balance of contracts.
This study depends on the analytical approach for investigating the mechanism of confronting this pandemic and the extent of the possibility of applying the theory of contingent circumstances to rental contracts. The study concludes with several recommendations including the necessity of the intervention of the legislator to amend the provisions of the laws of rental, preventing the lessor from revoking the contract, and granting the judiciary wide powers to intervene for restoring balance, and urging the states and governments to provide aids and donations for achieving the solidarity stipulated in the Constitution.
Keywords: Plague, Coronavirus Pandemic, Rental Contracts, Contingent Circumstances, Contracts.