جستجوی مقالات مرتبط با کلیدواژه « کروناویروس » در نشریات گروه « فقه و حقوق »

The spread of Coronavirus in Italy has created the conditions for the government to declare the State of emergency. It has given the opportunity to manage the crisis, but has also limited people's fundamental rights. In this research, through the deductive-descriptive method, we will try to answer this main question: the actions of the Italian government to counter Coronavirus until what point are compatible with the fundamental rights present in the Constitution? After describing the concept of State of emergency, the government's decisions and the challenges about restriction of fundamental rights, we conclude that the government's actions have had a very negative impact on fundamental rights and freedoms. Not only these emergency decisions have had a very negative impact on people's rights in a democratic system, but the lack of parliamentary oversight about the actions of the Executive makes it reasonable to take a critical look at the actions of the Italian government.

Undoubtedly, one of the basic necessities of society is committing to obligations and fulfilling them completely. For this reason, the first principle in contracts is the principle of necessity. However, it sometimes happens that the fulfillment of the obligations arising from the contract becomes impossible due to the events that are beyond the obligator’ control. One example of the impossibility or difficulty of performance is the spread of contagious diseases, a special type of which known as Coronavirus is prevalent across the world. This raises the question as whether this disease can be considered as an excuse for the frustration of the contract (excuse) or the difficulty of its fulfillment (difficulty). If it is the case, what will happen to the contract and what will be the contractors’ duties? In response, it should be said that due to the similarity of the components, this disease can be a true example of the difficulty of contract fulfillment, and regarding its role and impact on the scope of contracts, no general rule can be provided for all cases. Therefore, the study of the impact of the Coronavirus on the contract depends entirely upon the type of contract and the conditions governing it. One of the most important contracts affected by this disease was the lease contracts, especially the lease of commercial places in which with the government's order to temporarily close these places, the status of the existing contracts turned into a serious legal issue. In addition, different issues such as dissolution, modification, and suspension of contract were proposed as the possible solutions for the existing situation.