IMPACT OF COVID-19 ON CONTRACT BINDING FORCE

Povzetek

 The contract is considered the law of the contracting parties, and it is unacceptable to terminate or modify it, but it can be modified when all parties agree. However, exceptional circumstances that can occur make implementation of the obligation so hard and close to impossible in an emergency or force majeure.  By taking the binding force of the contract and COVID-19 pandemic, the actual conditions related to this pandemic can make the application of the binding force more flexible, which violates the general principle of the authority of the will. To limit and minimize the spread of the pandemic, the state takes into consideration important preventive measures.   Implementing the commitment as regards the debtor contractor has become impossible due to the pandemic, or cumbersome due to the activation of the critical circumstances principle. This needs creating legal texts that are more suitable for the current situation.