RETRACTED: The legal nature of the COVID-19 pandemic and its impact on contractual obligations applied in human rights
International Journal of Human Rights in Healthcare
ISSN: 2056-4902
Article publication date: 11 August 2021
Retraction statement
The publishers of the International Journal of Human Rights in Healthcare wish to retract the article Radhi, H.D.A. (2021), “The legal nature of the COVID-19 pandemic and its impact on contractual obligations applied in human rights”, International Journal of Human Rights in Healthcare, Vol. ahead-of-print No. ahead-of-print. https://doi.org/10.1108/IJHRH-04-2021-0107.
An internal investigation into a series of submissions has uncovered evidence that the peer review process was compromised. As a result of these concerns, the findings of the article cannot be relied upon. This decision has been taken in accordance with Emerald’s publishing ethics and the COPE guidelines on retractions.
Despite numerous attempts to contact the authors, the journal has received no response; the response of the authors would be gratefully received.
The publishers of the journal sincerely apologize to the readers.
The retracted article is available at: https://doi.org/10.1108/IJHRH-04-2021-0107.
Abstract
Purpose
Under international human rights law, states can limit the exercise of most human rights if it is necessary to protect the rights of others or collective interests. The hazards of epidemics and diseases have raised many legal, economic and social issues in their link with global health security, which renew the discussion regarding the effects of the COVID-19 on some civil and commercial transactions and financial and tax obligations. Therefore, the purpose of this paper is to discuss the effects of COVID-19 on contractual obligations.
Design/methodology/approach
In this research, we are going to follow the method of the analytical and applied approach at the same time by analyzing the cases in which contractual obligations are affected by the circumstances of the COVID-19 and its legal implications, as well as to apply the theories related to this aspect to different cases.
Findings
The result of the study funded that the legal adaptation of the COVID-19 pandemic is limited to the theory of emergency circumstances and the theory of the force majeure, and the matter remains in the hands of the trial judge to attribute the incident imposed on him to one of the two cases according to the circumstances of the case.
Originality/value
The effects of the COVID-19 pandemic on contractual obligations should be applied on each contract separately according to the extent of its impact on the contractors because the spread of the virus may have an impact on the obligations of one of the contractors, leading to exhaustion of the debtor, or it may lead to the impossibility of implementing the obligation.
Keywords
Acknowledgements
The author would like to express sincere gratitude to the anonymous reviewers who have enlightened the author with their valuable comments. The author’s appreciation goes to the jury members for their great assistance and to the research participants.
Citation
Radhi, H.D.A. (2021), "RETRACTED: The legal nature of the COVID-19 pandemic and its impact on contractual obligations applied in human rights", International Journal of Human Rights in Healthcare, Vol. ahead-of-print No. ahead-of-print. https://doi.org/10.1108/IJHRH-04-2021-0107
Publisher
:Emerald Publishing Limited
Copyright © 2021, Emerald Publishing Limited