أثر أزمة كورونا على التزامات المستأجر

Abstract

The lease contract is one of the most common contracts among members of society, and the most important of which is all, and the reason for that is due to the importance this contract entails for its parties: For the lessor, the lease provides him with the opportunity to invest his money in a guaranteed manner that provides him with financial resources without losing the ownership of the leased, and for the lessee in particular Rent arranges a way to use the money at costs much lower than the price of buying it, so the rent makes the benefit of the rent within the reach of those who need it and cannot buy it, such as renting a home or a place of work or anything else that he needs and cannot buy it because he is unable to pay its price or because of his temporary need for the wages. The social structure of any society includes two sects, the lessor and the lessee, and these two sects are linked with each other in a direct legal relationship, which raises some disputes, and perhaps the most important problem facing both parties to the lease contract is the issue of determining the rent, so if the will of the two parties plays an important role in the issue of determining the rent, then this The will may stand helpless if emergency circumstances arise that impede the tenant without fulfilling his obligation to pay the rent and at the same time push the lessor to ensure that the rent is collected on the basis of which the contract is obligatory N parties. Because of the spread of the Corona epidemic, which was classified by the World Health Organization as a global epidemic, and as a result, a state of curfew was declared throughout Iraq, which led to the failure to enable the tenant to benefit from the wages, and in light of this the Committee considered Diwaniya No. (55) for the year / 2020 (The period of the Corona virus crisis is a force majeure for all projects and contracts, starting from 2/20/2020 until the Ministry of Health announces the end of the Corona epidemic). Based on these circumstances, there are questions that require a precise legal answer: Will the lease contracts expire by the rule of law if the tenant proves that paying the rent has become impossible? Is this spillage in the interest of the tenant under these circumstances? Can the judge interfere in restoring the contractual balance between the two parties? And does the judge’s intervention contradict the obligation of the contract derived from the principle of the contract, the Shari'a of the contractors? What are the aspects that the judge must take into account before weighing the two parties? Therefore, we will try to answer all these questions through this research.