AlRaqaba 17 E - page 63

ALRAQABA . ISSUE 15
61
SCAN FOR FULL STUDY
References
• The explanatory memorandum of the
remedial project of the civil Egyptian
Law no. 131 of the year 1948.
• The Law no. (30) of the year 1964 on the
SAB Establishment Law.
• Decree Law No. (38) of 1980 issuing the
Civil and Commercial Procedure Code
and its amended laws.
• Decree Law No. (67) of 1980 issuing the
Civil Law.
• Dr. Ahmad Hamad Al-Faresi, Dr.
Dawoud Abdul Razzag Al-Baz,
Legal work of the Administrative
Authority (administrative decision- the
administrative contract)
• Counselor Abdul Karim Al-Zayat,
Administrative Contracts in the Kuwaiti
Legislation: doctrine and jurisprudence.
• Dr. Abdul Rasoul Abdul Riza, Dr.
Jamal Fakher Al-Nakkas, A Brief on the
General Theory of Obligations - First
volume: Reference to compliance and
confirmation.
Publications
these suspended deadlines are to be
recommenced starting of this date.
Conclusion:
• It can be summarized as for the civil contract
that it is inconceivable to classify the
Coronavirus pandemic as a force majeure
or a contingency condition without taking
into consideration its implication on the
situation or the conflict in question. The legal
adaptation for the pandemic differs based on
its changing implications on the obligations in
terms of impossibility and depletion.
• The theory of force majeure or contingency
theory is applied to the administrative
contracts based on the context to restore
balance of the contract.
• The legal deadlines for contesting
administrative decisions are suspended by
law due to the suspension of workplaces
because of the Coronavirus pandemic; it is to
be resumed after the work in public institutions
recommences. It shall be suspended later
based on the legal assigned deadlines in the
SAB Establishment Law such as the SAB’s
objection to the employment affairs decisions
and financial violations.
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