Advice 1: What refers to the force majeure

In accordance with the Civil code, the debtor may free himself from liability by contract, if you can prove that the breach is caused by force majeure. Similar circumstances also referred to as force majeure.
What refers to the force majeure

Definition and characteristics of force majeure



Force majeure mentioned in the third paragraph of article 401 of the Civil code of the Russian Federation. They are defined as "extraordinary and unavoidable under the given conditions." However, a complete and compulsory list of them do not contain neither international nor domestic legislation, therefore at absence in the agreement of a specific list of such circumstances which the parties shall consider insurmountable, subsequently there will inevitably be disagreements. Therefore, in the contract it is advisable to prescribe the following circumstances: floods, earthquakes, fires, transport accidents, publication of the regulations prohibiting, civil strife, riots, war and acts of war, strikes by personnel. Force majeure is a General indication of the extreme, neprijatnosti, unpredictability. Such circumstances must be external in nature and appear after the conclusion of the contract.
If the obstacle to performance of obligations under the contract is temporary, the contractor is relieved from liability only to the period in which a given obstacle.


Force majeure: matters



Attribution to force majeure of social phenomena (riots, acts of war, blockades and strikes) is a controversial issue. In the Soviet civil law for a long time it was believed that such a reference to a social phenomenon as an irresistible force is invalid. Not currently in any of these circumstances may be considered force majeure. For example, if the war lasts a long time, it loses its characteristic unpredictability and therefore cannot be attributed to force majeure.
The courts also ambiguous about the fires in the arson attack. It is necessary to prove that such circumstances have all the characteristics of force majeure and those responsible for causing harm are unknown.


Careful domestic judicial practice in the assessment of the strike. It is believed that the circumstances of force majeure are strikes of entire industries, as the termination of one organization can provoke intentionally. Controversial is the question of the attribution to force majeure of crime (e.g., terrorist attacks). Currently the prevailing view, denying their relationship to the force majeure. However, they can be qualified as force majeure, if it is proved that they have all the necessary features.

Advice 2 : What is force majeure

Man is powerful, and it would seem that today, everything is subject to him. But sometimes people are faced with insurmountable forces, which is difficult or even impossible to resist. Such circumstances are called force majeure.
What is force majeure

Force majeure



Came from the French phrase force majeure (force majeure) in Russian is interpreted as an irresistible force, inevitability, fatality. These include events of extraordinary, unforeseen. Or if foreseen, such that you cannot prevent and for which no one is responsible. Force majeure connected with the irreparable loss they can affect ordinary citizens, suddenly worsening living conditions.

Irresistible force of nature



Traditionally, force majeure referred to the circumstances that happen as a result of the intervention of the irresistible forces of nature. It is such natural phenomena as earthquakes, floods, hurricanes, sometimes causing great destruction, often associated with fatalities, and damaging the economy.

The most memorable and tragic event of the last decades is the earthquake and tsunami in Indonesia in 2004. As a result of rampant disaster, the island of Sumatra has moved 30 metres towards South-West, and at the bottom of the Indian ocean there is a rupture length of 1 200 km, Then killed approximately 230,000 people. Almost the same power of the earthquake and tsunami in Japan in 2011 has caused an ecological disaster, causing damage to a reactor the Fukushima nuclear power plant.

Legal force majeure



In civil law there is also the concept and definition of force majeure. They include the cases when due to extraordinary and irreversible event becomes impossible the fulfillment of the conditions of the contractual obligations of the parties. The reasons can be same irresistible force of nature. For example, the loss or damage of cargo transported by sea, due to sudden storm. If the carrier's fault in causing damage to partner not, he should not be held accountable.

Legal force majeure include situations caused by human factors and social conflicts. For example, decisions of the highest state and inter-state bodies for import/export, embargo, currency restrictions do not depend on the will of agents. Legal force majeure will be a sudden outbreak of war or revolution in any region, as well as strikes, which objectively prevent the performance of the contract. Under the concept of force majeure do not fall within the circumstances connected with commercial risks, such as adverse market conditions or price change.

Advice 3 : What refers to the force majeure

In accordance with the Civil code, the debtor may free himself from liability by contract, if you can prove that the breach is caused by force majeure. Similar circumstances also referred to as force majeure.
What refers to the force majeure

Definition and characteristics of force majeure



Force majeure mentioned in the third paragraph of article 401 of the Civil code of the Russian Federation. They are defined as "extraordinary and unavoidable under the given conditions." However, a complete and compulsory list of them do not contain neither international nor domestic legislation, therefore at absence in the agreement of a specific list of such circumstances which the parties shall consider insurmountable, subsequently there will inevitably be disagreements. Therefore, in the contract it is advisable to prescribe the following circumstances: floods, earthquakes, fires, transport accidents, publication of the regulations prohibiting, civil strife, riots, war and acts of war, strikes by personnel. Force majeure is a General indication of the extreme, neprijatnosti, unpredictability. Such circumstances must be external in nature and appear after the conclusion of the contract.
If the obstacle to performance of obligations under the contract is temporary, the contractor is relieved from liability only to the period in which a given obstacle.


Force majeure: matters



Attribution to force majeure of social phenomena (riots, acts of war, blockades and strikes) is a controversial issue. In the Soviet civil law for a long time it was believed that such a reference to a social phenomenon as an irresistible force is invalid. Not currently in any of these circumstances may be considered force majeure. For example, if the war lasts a long time, it loses its characteristic unpredictability and therefore cannot be attributed to force majeure.
The courts also ambiguous about the fires in the arson attack. It is necessary to prove that such circumstances have all the characteristics of force majeure and those responsible for causing harm are unknown.


Careful domestic judicial practice in the assessment of the strike. It is believed that the circumstances of force majeure are strikes of entire industries, as the termination of one organization can provoke intentionally. Controversial is the question of the attribution to force majeure of crime (e.g., terrorist attacks). Currently the prevailing view, denying their relationship to the force majeure. However, they can be qualified as force majeure, if it is proved that they have all the necessary features.
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