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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The impact of Covid-19 crisis on the French law of contract

Olivier Deshayes

 

The effect of the Covid-19 on contracts comes not as much from the virus itself than from the containment measures imposed by Governments which made it hard, if not impossible, for debtors to perform their obligations. This is why the crisis, as regards contracts, really started in France in the midst of March 2020 when President Macron and Prime Minister Edouard Philippe decided to shut down non-essential businesses, schools, restaurants, theatres, to forbid public gatherings and to impose containment measures on individuals. (…)

 

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The Impact of Covid-19 in German Contract Law

Christian Johannes Wahnschaffe

 

ABSTRACT

Table of contents
I. Covid-19 as an Impediment to Performance under German Contract Law
I.1. Impossibility of Performance
I.2. Disproportionality of Performance and Fundamental Change of Circumstances
I.3. Contractual Remedies
II. Contemporary Legislative Responses in the Wake of the Covid-19 Pandemic
II.1. Temporary Moratoriums on “Essential” Continuous Obligations, Art. 240 s 1
EGBGB
II.2. Temporary Restrictions on the Termination of Lease Agreements, Art. 240 s 2
EGBGB
II.3. Temporary Deferral of Payments in B2C Loan Agreements, Art. 240 s 3 EGBGB
II.4. Recreational Events and Package Travel Contracts: Vouchers Instead of Refunds,
Art. 240 s 5 EGBGB and Art. 240 s 6 EGBGB
III. Outlook

 

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Covid-19 pandemic and Greek Contract Law

Zafeirios N. Tsolakidis

ABSTRACT

Table of contents

I. The Covid-19 pandemic and its impact in contracts
II. General Contract Law Provisions
II.1. Impossibility
II.2. Debtor’s default
II.3. Creditor’s default
III. New regulatory provisions
III.1. Contracts of Lease
III.2. Commercial papers
III.3. Flights, sea trips and travels
III.V. Employment Contracts
IV. Pandemic and contractual clauses
IV.1. Force majeure clauses
IV.2. Judicial adjustment

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