The impact of war as a force majeure on the implementation of companies’ obligations towards partners and creditors in Sudan

Abstract

The study focused on the effects of war as an overwhelming force on companies’ obligations towards partners and creditors in Sudan. The problem of The study was represented by the shortcomings of the Companies Law of 2015 AD, as it did not explicitly stipulate the effect of war as an irresistible force on the obligations of companies towards partners and creditors, leaving the boat to the Civil Transactions Law to regulate the status of companies regarding force majeure, in light of the practical difficulties facing companies in fulfilling their obligations due to war conditions. The importance of study emerges from making the legislator pay attention regarding of suitability of Sudanese law to inconstant reality and providing legal and practical reform to companies act 2015 and to benefit from advanced legal experiences for comparative law which will be vital reference to Sudanese legislator when he reconsider companies act 2025. The study targeted to analyze legal provisions governing companies’ relations and to disclose legislative loopholes to lead to reformatory and realistic solutions and provide practical suggestion to amend Sudanese companies’ act 2015or to issue regulation consider exceptional cases like force majeur. The importance of the study triggered important points for discussion about