When drawing up the contract a special place is given to the concept of "force majeure", especially for commercial transactions.A clear understanding of the term will help to avoid penalties and interest payments if the circumstances unforeseen, and the commitments made by the Executive, they were not met.
Familiarity with the term
The concept of "force majeure" comes from the French force majeure and is translated as "force majeure".If you follow the legal description of the term, this unanticipated events or circumstances, insurmountable, which do not depend on the will or the impact of the Treaty.They can not be foreseen, avoided or prevented.When they occur, one party sign a contract causes damage to the second.Due to unforeseen circumstances, the party that is responsible, may be partially or completely waive the prescribed conditions.
Most often this term is described in more depth in the documents themselves, clarifies and specifies that subsequently remained as low as possible gaps and issues.For example, what may be the circumstances: war, fire, earthquake, blockades, embargoes.What is described in more detail for each item and actions to which they lead, the more secure and confident to feel each participant agreement.
legal nature
Russian legislation does the concept of "force majeure", but we can say that it is represented by a different term - "force majeure".In any case, these terms are identical, and each of them carries a general sense.
Although at the moment there are two groups of scientists who hold radically different positions.Some believe that the two terms have distinct characteristics, but others do not see the difference.
In the absence of legislation enshrined talk about the difference of concepts is not necessary.Even from the point of view of studying the origins of the word "force majeure" and translates as an unstoppable force.
This item helps to avoid payment of the contract when the circumstances unforeseen, and you can not overcome them.Then, you have removed the responsibility to implement the terms of the agreement.
course, most obligations arise in commercial relationships, more than ninety percent.But there are other options:
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creation of literary works, inventions, and any intellectual property rights;
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coating material or moral damage;
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legal facts, which continue to act civil rights and obligations.
Force Majeure in commercial relations
You have to understand that force majeure does not have any specific, pre-defined characteristics.Therefore, the occurrence of unforeseen circumstances, have to prove.
That is the side of the commercial relationship, which refers to a force majeure, has to prove that in this case it could not influence the course of events.And that's it for this case the circumstances are insurmountable.
in legislation there is no clear definition of what a force majeure, there is only a general description of the terms and standards, which reveal the concept in different areas: taxes, customs.Thus, many questions remain open.
Because of this commercial relationship may be additional complexity if needed settlement of the situation relating to force majeure.
only way out - a more thorough description of the conditions of occurrence of such circumstances and the options to which they might lead.The legal basis for this is the implementation of the principle of freedom of contract drafting.
taxes and force majeure
the Tax Code of the concept is seen as a possible ground for exemption from liability for violation of tax laws.In addition, the force majeure may be the reason for a complete deliverance from paying taxes.
If unforeseen circumstances, to confirm them must obtain a special certificate of the Chamber of Commerce.A company director or manager must sign the application and attach some documents:
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notarized copy of the agreement.It is essential that it already contained the points of force majeure, it specified the types and effects.
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Copies of the detailed description of the work.
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Inquiries about the volumes, which are made under the contract at the time of the occurrence of unanticipated situations.
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documents confirming the occurrence of force majeure (by the competent authorities, at least two).
English law
Many companies cooperate with foreign manufacturers, suppliers and companies.But when drawing up contracts should take into account the laws of each country.For example, in the UK Force majeure is present only as a contractual condition.It is necessary to strictly prescribe and specify each item, to shield themselves against unforeseen events.
If a point is not in the documents, shall enter into force doctrine of "futility" or frustration.Let us explain: If you add up the legal, material or physical circumstances unforeseen and insurmountable, which deprive a deal of its original purpose.
Examples of such cases may be the loss of the goods (fire, theft), which was not caused by one of the parties.
It is worth noting that the law is not always beneficial.In the case of recognition of the futility of the contract, he completely loses any legal effect.Both parties shall be exempt from the conditions.And then no one can claim the payment of penalties and compensations.
keeps abreast
avoid force majeure it is impossible, then, they are unpredictable.However, in order not to spoil their image, you must always be prepared to act decisively.The first and one of the main rules that must be followed in the event of unforeseen circumstances - to stay in touch.
Even if it turned out that while you can not communicate fully with the second side at the first opportunity you must report the incident.First, perhaps all is not lost and you will be allowed to deviate from the terms or any other terms.Secondly, the silence only ruin a reputation.Being in complete ignorance, the other party can imagine all the worst scenarios.
Communications
modern world has given us tremendous opportunities, including in the sphere of communication.The man who said that he could not call or write, or too stupid or incompetent, or just find excuses.
How can I contact with the second side:
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phone;
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e-mail;
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social networks.
In the early stages of the transaction is necessary to take care about alternative ways of communication.Usually business people, there are many options of communication: telephone number, e-mail addresses, data secretaries.We should not exclude the personal pages in social networks, due to unforeseen circumstances, even they will be able to rescue you.
Timeframe
Quite often force majeure affects it for a period of fulfillment of obligations.In this regard, special attention should be given to time management.There is an unwritten rule of performers - up time.If you know what to cope with the problem for a week, increase the time limit by half, that is, specify the week and a half.This will allow the stock to hedge in case of force majeure.
Regular compilation of the work plans, monitoring, phased action will help to avoid weight problems.
Advance planning contingencies that may arise, the transaction will allow both parties to protect themselves and to save finances.
