أثر جائحة كورونا على تنفيذ العقود الإدارية في ضوء قانون بيع وإيجار أموال الدولة

Abstract

The social, economic and service effects left by the Corona pandemic on all areas of life had an impact on the implementation of administrative contracts, and it left its clear imprints on the state’s money lease contract, and among these effects is the extent to which the Corona pandemic is considered a force majeure or an exceptional circumstance, and that each adaptation has legal effects that follow from it , which requires research in the extent to which force majeure conditions or exceptional circumstances apply to these contracts, and the researcher has concluded that the Corona pandemic is one of the exceptional circumstances that are not expected to occur, which makes it easier for the administration to approve treatments that ensure the preservation of the rights of individuals and ensure the benefit from renting owned funds For the state without harming the tenant, the researcher has recommended the need to apply the provisions of the theory of exceptional circumstances to the lease contracts concluded between the management and the contractor with it because the exceptional circumstances that occurred due to the Corona pandemic meet the conditions of this theory, and we also recommend the Iraqi legislator to add a text to the second chapter of the law of selling and renting the state No. 21 of 2013, the tenant of the state-owned real estate may be exempted from rental fees when not benefiting from the rented property during the period of severe circumstances. Except for the property that has been exploited and utilized.