مقاله انگلیسی فورس ماژور و تغییر شرایط در طول همه گیری COVID-19: قراردادهای ورزشی
Abstract
Introduction
Conclusion
References
Abstract
This paper aims to explore the impact of COVID-19 on the performance of sports service contracts in China from a legal and judicial perspective. It attempts to contribute to the discussion on the applicability of the doctrines of force majeure and change of circumstances in the cases of impracticability of performance or obstructed performance due to COVID-19 and consequent government enforced pandemic control policies and measures. It reveals that courts in China have adopted a diferentiated, pluralist, and practical approach according to the degree of the impact of COVID-19 preventive and control measures on the performance of contracts. The juridical responses by judges tend to favour the amendment of contract under the principle of changed circumstances with a view to balancing the interests of both parties to the contract and reducing the impact on the operations of the sport service industry. China’s experience suggests that it is important that courts adhere to the principle of fairness, the principle of balance of interests, and the principle of encouraging transaction in dealing with contract performance disputes caused by COVID-19, while the applicability of force majeure should be carefully examined in judicial practice.
Introduction
The COVID-19 outbreak at the beginning of 2020 has become a major public health challenge in China and around the world (Jin et al. 2021; State Council Information Ofce 2020). On January 30, 2020, the World Health Organisation declared the COVID-19 outbreak a public health emergency of international concern. In order to contain the COVID-19pandemic, countries have taken various measures such as shutdown of businesses, home quarantine, social distancing, and suspension of large gathering activities, causing far-reaching social and economic implications (Evans 2020; Garcia-Garcia et al. 2020; Nicola et al. 2020). Government restrictions on travel, movement, and large gatherings have resulted in signifcant business interruptions and widespread event cancellations, with a particular impact on the sports services industry, which has seen the closure of stadiums, cancelation of sports events, suspension of physical ftness and training activities, as well as the stoppage of sports tourism (Nauright et al. 2020a). A large number of sports service contracts, consequently, have not been able to be perform normally, leading to numerous contract disputes (Wu et al. 2020).