Coronavirus Between the Theories of Emergency Circumstances and Force Majeure : A Comparative Analytical Study In light of French Law, Omani Civil Transactions Law, and Egyptian Civil Law

Abstract

The emergence of Coronavirus (COVID-19) at the end of 2019 led to a disruption of contractual obligations, as they became either excessively burdensome for the debtor or  impossible to implement, promoting debtors to seek the application of the theory of an emergency circumstance, or the theory of force majeure regarding the Coronavirus before the court. Through a comparative analytical approach between France, Egypt, and the Sultanate of Oman, several key findings were reached, including: classifying the Coronavirus as an emergency circumstance if implementation of the obligation is excessively burdensome, and as force majeure if the implementation of the obligation is impossible. Furthermore, it cannot be said that the Coronavirus is considered as a force majeure or an emergency circumstance for all contractual obligations, as the impact of this virus  varies from one obligation to another.