Instant paper for Senegal

Komlavi Agbam

ABSTRACT

Table of contents
I. Overall Framework: New code of civil and commercial obligations
1. The Externality
2. The unpredictability
3. The insurmountability
II. Specific framework
III. Some cases that can be invoked in Senegalese Law

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Law of Contracts in Times of Covid-19 Pandemic: Polish Report

Radosław Strugała

ABSTARCT

As the world struggles with the Covid-19 pandemic, the debtors try to perform their contractual obligations despite the hardship it brings about. In the meantime contract lawyers are focused on trying and finding remedies that would help face the new circumstances. The remedies that enable the parties either to modify the contract or to bring it to an end seem the most apt solution in the context of current pandemic. Having said that, two provisions of the Polish Civil Code are to be considered, namely article 475 (read in conjunction with the article 495) and 3571. (…)

 

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Relevance of Contract Law Solutions Under a Pandemic

Reza Moradinejad

 

ABSTRACT

Table of contents
1. Force Majeure: A Plausible Solution
1.1. Characteristics of Force Majeure
1.2. Effects of Force Majeure
2. Revision of Contract for Imprévision: An Impossible Solution
2.1. Imprévision under the Civil Code of Lower Canada
2.2. Evolution of Quebec Contract Law: More Place for Equity
2.3. Civil Law Reform Project
2.4. Imprévision Under the Civil Code of Quebec
3. Duty of Good Faith: A Marginal Solution
3.1. The relational Contract Theory in Quebec Law
3.2. Scope of Obligation of Cooperation in Relational Contracts
4. Extraordinary Governmental Programs: An Out-of-the-Box Solution
5. Conclusion

 

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Impact of Covid-19 pandemic on contractual relationships: the case of Estonia

Karin Sein-Kai Härmand

 

ABSTRACT

Table of contents
1. General contract law rules: restrictions due to the Covid-19 pandemic as force
majeure
2. Adaptation or termination of contracts due to Covid-19 pandemic under the doctrine
of change of circumstances
3. Regulatory allocation of risks for specific contract types
4. New regulatory provisions due to the pandemic crisis?
5. Contractual clauses used in practice and their impact on contractual allocation
of risks

 

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The Impact of Covid-19 in Chilean Contract Law

Rodrigo Momberg Uribe, Alberto Pino Emhart

ABSTRACT

Table of contents
I. Introduction
II. Administrative regulations enacted to deal with the crisis
1. Consumer contracts and SERNAC’s directives
2. Consumer credits and CMF’s directives
3. Construction contracts with the State
4. CGR and contracts with the State. Dictamen No. 6854-20
5. Chile Compra and contracts with the State
III. General contract law
1. The Chilean Civil Code. A strong recognition of pacta sunt servanda
2. Force majeure
3. Change of circumstances (teoría de la imprevisión)
3.1. Legal doctrine
3.2. Case law
3.3. Perspectives

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The Impact of the Health Emergency on Contract Law: National Report Peru

Daniel Ugarte Mostajo, Raúl F. Zúñiga

ABSTRACT

Table of contents
I. Peruvian contract law provisions dealing with circumstances interfering with contractual
performance
1. General framework
2. Impossibility of performance due to unforeseen circumstances or force majeure
3. Excessive onerousness of the performance or hardship
4. The disputed application of the frustration of purpose
II. Application of the provisions to certain contracts
1. Construction contracts
2. Contracts for the provision of educational services
3. Lease contracts

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An overview of the colombian contract law, in times of the Covid-19 pandemic

Isué Natalia Vargas Brand

ABSTRACT

This paper notes the potential contract law rules applicable in the Colombian legal system to contracts affected by the economic crisis caused by the Covid-19 pandemic. Also, it points out the different temporary Decrees enacted by the Colombian government to mitigate the effects of the pandemic in Contract Law.

KEYWORDS

Covid-19; contracts; nonperformance; Impossibility prevision; Hardship; Force majeure; Unforeseeable circumstances; Frustration; Breach of contract; Lease contracts; Home loans; Tourist contracts

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The Impact of Covid-19 in Mexican Contract Law

Edgardo Muñoz, Romina Guarneros

 

ABSTRACT

Table of contents
I. Introduction
II. Administrative regulations enacted and private stakeholders’ initiatives to encourage
or force contract performance in times of Covid-19
2.1. The main Federal Directive by the Federal Health Secretariat
2.2. Real estate and business loan contracts with banks
2.3. Housing and business lease agreements
2.4. Medical and Unemployment Insurance Agreements
2.5. Domestic service contracts
III. General Contract Law
3.1. C2C domestic contracts and impediments to perform
3.2. B2B domestic contracts and impediments to perform
3.3. B2C domestic contracts and impediments to perform
3.4. International Sale of Good Contract (CISG) and impediments to perform
IV. Conclusion
V. References

 

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Environmental Law in the Middle East and North Africa

Zainab Lokhandwala

 

ABSTRACT

This paper analyses the impact of the Covid-19 pandemic on the Middle Eastern and North African (MENA) region against the backdrop of two themes: climate action and human rights. In the climate context, the renewable energy sector will certainly suffer in the immediate aftermath of Covid 19. At the same time, globally, renewables have shown more resilience than fossil fuels during this crisis, which may lead to increased investments in the long-term. Nevertheless, pre-Covid commitments and estimated future gains (if any) in renewables were not enough for combating climate change. The trajectory of regional climate action was slow and inadequate to begin with, and it is likely to suffer even further, owing to economic slowdown and relief measures that will pull resources away from climate action. In the human rights context, the Covid 19 crisis has led to increased authoritarianism and has added a new layer to existing human rights and humanitarian issues. As political stability is a prerequisite for the growth and execution of environmental law, public discontent against governments will only delay and detract the environmental agenda. Overall, these two legs of analysis show how the pandemic has led to a retraction of environmental law. Coming out of the crisis, there are many lessons to be learnt. Interdisciplinary approaches that draw a human-ecological-health nexus may offer solutions in the Middle East as in the world. The Berlin Principles 2019 are a positive step in this direction which could pave the way for more ecosystemic and holistic environmental legal development.

 

KEYWORDS: Middle East and North Africa; Covid-19; Climate Action; Human Rights

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Climate and environmental approaches in the United States and Canada at the outbreak of the 2020 pandemic

Pasquale Viola

ABSTRACT

The essay deals with the issues triggered by environmental policies and Covid-19 pandemic in the United States and Canada. The analysis starts with an outline of the environmental law systems and the main responses to the pandemic, then emphasizing the focal legal concerns about the emergency measures and environmental policies. The last section draws critical conclusions that show some current patterns and the way forward in the entanglement environmental law/pandemic.

KEYWORDS

Covid-19 Pandemic; Climate Change; Environmental Law in the United States and Canada; Comparative Public Law

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