Translated from the French "force mazher" means a higher power.Russian legislation this concept corresponds to the international rule of law.
concept of force majeure in the contract there was a reason.It is difficult to anticipate all the possible disasters, to include in the contract an earthquake, tsunami, Padania meteorite or default.For this right, there is a state which enables the parties to cancel, terminate a contract concluded before the force majeure, or an exemption from liability for improper performance (default).
must be borne in mind that these compelling circumstances allow only avoid responsibility, but do not remove the main responsibilities for the performance of the contract.In other words, the party delayed performance of the contract, is obliged to fulfill its obligations, but it is exempt from fines, penalties or liquidated damages provided for in the contract or law.
Civil Code explains the force majeure or irresistible force.According to the articles of the law is an unstoppable force majeure circumstances which have arisen under these conditions.This definition implies that the force majeure clause should be such elements as unavoidable and spades.
The law is not a complete list of defining force majeure.In various cases, they may have their own.For example, the consignor and the carrier shall be exempt from liability if the failure to use or the failure to transport occurred due to force majeure or other natural disasters (fire, flood, drift), as well as military operations.It turns out that according to the law of contracts for the carriage of various concepts are defined: acts of war, natural disasters, force majeure.However, the jurisprudence shows that military action is often referred to as force majeure as well as natural disasters.
By law, force majeure shall meet the following criteria.Above all, they must be unforeseen.From this it follows that if any of the parties foresee certain events occur, such a circumstance can not be considered force majeure.For this event can not be considered a difficult financial position of one or several interconnected enterprises.But the global economic crisis may be recognized as force majeure.Most often, the economic crisis recognized as a force majeure in international law.In the context of Russian courts are wary of the various economic changes.
Force majeure must be highly undesirable for both sides.This means that at the conclusion of the agreement the parties wish to fully fulfill their obligations and do not want the onset of force majeure or other circumstances.However, it is difficult to determine the interest in case of force majeure.It is clear that the owner of the insured property, which is not sold for a long time, it may be advantageous if there is destruction of property, if only by a meteorite.However, to find out thoroughly, whether the insurer in the event of force majeure, the interest is very difficult.
unavoidable indicates that the parties are not able to prevent the force majeure, which are caused by force majeure.
can not be considered as force majeure circumstances have occurred during normal economic activity.Only exceptional, completely objective, independent of the will directly to the circumstances of the parties considered as force majeure.
