ALRAQABA . ISSUE 15
59
Publications
country has taken to respond to the pandemic
due to the nature of their activity. Other types
of contracts were affected to the point that their
fulfillment was entirely impossible, and they
had to be terminated. No wonder that the force
majeure theory must be applied in this contract.
Yet, it is crucial to differentiate this process from
absolute impossibility, where contracting parties
are relieved from fulfilling their obligations,
unlike partial impossibility, where the fulfillment
of an obligation is suspended until the cause
ceases to exist. There is a third type of contract
where fulfilling an obligation is not impossible
but depleting; here, we shall find that applying
the contingency theory is feasible.
Examples of administrative contracts in light
of the Coronavirus Pandemic
• Ministry (A) signed a contract with Company
(B) to supply the quantity of (25) computers;
however, the fulfillment of the contract was
on 15/03/2020. The supply process was
impossible because of the shutdown of
workplaces due to the pandemic. As this is an
unexpected case that is out of the contracting
parties’ hands, the consequence results in
the termination of the contract or suspending
it until the force majeure is over; that is if the
absolute impossibility is temporary.
• Institution (A) signed a contract with Company
(B) to utilize space within the institution’s
premises to provide food to the staff by paying
a specific amount for lease. In case a force
majeure occurs that leads to shutting down
the establishment, the company may be
exempt from fulfilling its obligation to pay the
lease until either the force majeure has passed
or the contract was terminated.
Second: The legal position, definition, and
implications of the administrative decision
on the SAB’s role in auditing such decisions
The jurisdiction agreed that a force majeure
could terminate pending deadlines through
contesting administrative decisions by the force
of law. These pending deadlines are to be
resumed as soon as the force majeure is over.
Based on the content of the amendments
in the civil and commercial procedure code
mentioned above, the Council of Ministers
has issued its resolution in response to
the Coronavirus implications to shut down
all the ministries and public institutions for
precautionary reasons. This law is considered
public legislation for the Law Decree no.
20 of the year 1981 on establishing a
department within the Plenary Court to address
administrative conflicts. Article no (17 bis) of
the law demonstrated earlier that the duration
of the shutdown or the suspension is not to
be considered among the procedural dates.
However, they are to be accounted for starting
from the date assigned by the Council of
Ministers to resume work.
As for the suspensions legal implications on
the SAB’s role in controlling administrative
decisions:
1.The pandemic’s impact on the SAB’s role
in expressing objection on employment
resolutions stated in Articles 10 and 12 of the
Law no. 30 of the year 1964:
The SAB carries out its duties in practicing
control over employment affairs in the entities
subject to its audit as stated in the first,
second, and third items. The SAB is to verify
the soundness of such resolutions and confirm
them with the budget rules, financial decisions,
