Comparative Research on Force Majeure system in Contract Law
The force majeure doctrine, a longstanding principle in contract law, has been extensively adopted and adapted across both civil law and common law jurisdictions. Its theoretical and practical importance is particularly evident in the current volatile international political and economic climate. Re...
| Authors: | ; ; |
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| Format: | Electronic Article |
| Language: | English |
| Published: |
2024
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| In: |
International journal of criminal justice sciences
Year: 2024, Volume: 19, Issue: 1, Pages: 99-116 |
| Online Access: |
Volltext (kostenfrei) |
| Check availability: | HBZ Gateway |
| Keywords: |
| Summary: | The force majeure doctrine, a longstanding principle in contract law, has been extensively adopted and adapted across both civil law and common law jurisdictions. Its theoretical and practical importance is particularly evident in the current volatile international political and economic climate. Recent developments, including the COVID-19 pandemic and the enactment of the Chinese Civil Code in 2020, have brought to light various issues concerning the force majeure system in China. These issues include disputes over the scope of force majeure clauses, ambiguities in legal identification conditions, uncertainties regarding whether third-party causes qualify as force majeure, and the complex interplay between force majeure and changed circumstances. To address these issues, this paper employs a historical analysis to examine the concept of force majeure as it is treated in French law, impossibility of performance under German law, frustration of contract in common law, and impediment under the CISG. By comparing these frameworks with the Chinese legal system's approach to force majeure, this study identifies both similarities and differences. Based on this comparative analysis, the paper offers recommendations for refining the force majeure system in China. These recommendations include improving the formulation of force majeure clauses, redefining legal identification criteria, establishing a dual standard for third-party causes, and clarifying the relationship between changed circumstances and force majeure. |
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| ISSN: | 0973-5089 |
