Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The effects of Corona as an example of Cairo's power from the perspective of Iran, French and International Sale of Goods Convention

Document Type : research

Authors
Behzad Mohammad Hasanzadeh 1
Adel Abbasi 2
Babak Mohammadrezapour 3
1 PhD student in the Department of Law, urmia, Branch, Islamic Azad University, urmia, Iran.
2 Assistant Professor, Department of Law, Faculty of Humanities, urmia Branch, Islamic Azad University, urmia, Iran.
3 Assistant Professor, Department of International Law, urmia Branch, Islamic Azad University, urmia Iran
10.22034/ejs.2024.428932.1623
Abstract
Background and Aims: In addition to affecting the health sector, Corona had many legal effects. The purpose of this article is to examine the application of the effects of the Corona outbreak as an example of the Cairo power from the perspective of Iranian, French and Vienna Convention 1980.
Materials and Methods: The research method is descriptive and analytical and this research is theoretical.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Findings: From the point of view of Iranian law, if the occurrence of corona is permanent, it has caused the forced dissolution of the contract and its effect is only looking to the future. If it is impossible to get rid of Corona, the power of Cairo will be realized. But it does not consider the element of being exhausting or unavoidable as the proof of Cairo. Also, from the point of view of all three mentioned systems, the permanence of the corona will cause the obligation to fall.
Conclusion: In all three legal systems, if the non-fulfillment of the obligation is due to the authority of Cairo, the obligee will be exempted from paying damages. Of course, in the judicial system of Iran and France, the fulfillment of the conditions of Cairo in the situation of the spread of Corona will be with judicial authority.
Keywords
Cairo Authority
suspension of contract
collapse of obligations
1980 Vienna Convention
Corona
Subjects
Strategic Studies of Jurisprudence and Law
Volume 6, special issue
Studies of economic jurisprudence
Summer 2024
Pages 237-252