Archive for category: Announcements

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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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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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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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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