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Abstract

After concluding the contract, certain circumstances may appear and make the execution of the contract so difficult to one of the contract parties. These circumstances are in many kinds different, in the extent of the contracts that they appear in them, as well as the fact that they are different in their impact on the contracts under the laws in general. This situation applies on both of emergency excuses in lease contracts and the theory of emergency circumstances.

This study is divided into two parts; in the first part, we studied the subject of emergency excuses in the lease contract and its special legislative applications. While in the second part, we studied theory of emergency circumstances and nature of its relationship with emergency excuses in the lease contract. We ended this study with a conclusion mentioning the most important results we have reached as well as some recommendations to amend certain texts of comparative laws, which were relevant.

There is no consensus among the scholars about the nature of the relationship between emergency excuses in the lease contract and the theory of emergency circumstances. We discovered the existence of differences in substantial matters between the two concepts, and these differences are clearly more than the matters which combine both of them. Therefore, it seems to us, at least in the comparative laws in this study, that the emergency excuse in the lease contract cannot be regarded as a legislative application to the theory of emergency circumstances, instead, we can say that the emergency excuse in the lease contract is an independent principle in its existence, and it is distinct from theory of emergency circumstances through most of its conditions and its impact on the contract, as well as many other substantial matters

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