The Impossibility of Implementing the Commercial Supply Contract in Light of the Corona Pandemic

Abstract

The supply contract is subject as a general asset to the general law, but may be subject to the private law based on the nature, character, and subject matter of the contracting persons; We have examined the concept of a commercial supply contract, which is subject to private law and its features, and obstacles to its implementation in the context of the Corona pandemic. The theories that always give rise to confusion and problems in the field of contracts are the theory of emergency circumstances and their similarity to force majeure, which has an impact on the duration of the contract, and we indicate what it is to resort to them and the situation of the Iraqi legislator. The legal adaptation of the nonperformance of the contract under the Corona Pandemic, in which the Corona Pandemic was considered a force majeure, interrupted the performance of the contract for a period of time or led to a failure to perform. Also, we have addressed what are the legal solutions under the general principles of law as well as the legislative provision in Iraq. We have reached several conclusions, including that the supply contract is canceled by law if it is subjected to force majeure. Furthermore, we have made several recommendations that we hope the Iraqi legislator takes care of, including the addition of the supply contract as part of commercial contracts that are fast and credit.