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.
