Jurisprudential and Legal Challenges Arising from the Outbreak of a Pandemic and Its Impact on Contracts

Abstract

In the context of jurisprudential and legal challenges resulting from the outbreak of a pandemic and its impact on contracts, the primary aim and focus lie in establishing a fair balance between preserving the rights of the contracting parties and adapting to changing and unpredictable circumstances, in a way that aligns the legal and jurisprudential structures with the realities of sudden crises such as pandemics. This research is theoretical in nature and has been conducted using a descriptive–analytical method. The findings of the study emphasize the importance of reforming and adapting jurisprudential and legal institutions when facing unforeseen events and highlight the necessity of formulating practical rules to achieve justice and maintain contractual relationships under crisis conditions. The emergence and spread of sudden and unforeseeable pandemics have challenged jurisprudential and legal systems. Among the most fundamental issues is the lack of anticipation and theoretical deficiencies concerning relevant doctrines, which include remedial mechanisms such as termination, modification, and adjustment of contracts. Through the application of the doctrine of contract adaptation, it becomes possible to revise legal relations and align contractual provisions with the new circumstances.