"force Majeure" as a Basis for Exemption From Contractual Liability in European Union Legislation
Year: 2024
Type: article
Abstract: The article is devoted to the analysis of the legislative regulation of the "force majeure" category as a basis for exemption from contractual liability in the countries of the European Union. The legislative norms of such countries as Italy, France, Germany were developed and analyzed; conclusions were made regarding the peculiarities of the regulation of the "force majeure" category in contractual relations; the issue of the autonomy of the parties to the contract in the identification of such circumstances is studied. Considerable attention is paid to the relevant judicial practice, the decisions of the Courts of Cassation regarding their interpretation of "force majeure circumstances" and the characteristics by which the circumstances can be classified as force majeure. It has been established that the exemption of a party to a contractual relationship from civil liability is possible, according to the legislation of most countries, provided that the circumstances that have arisen meet two characteristics: emergency and unpredictability, that is, only external events that cannot be predicted and controlled. The author emphasizes variability circumstances that may fall under the features of "force majeure" and, accordingly, be basis for exemption from contractual liability. The role of the courts in regulating the contractual relations of the parties in the event of force majeure and the scope of their powers regarding the possibility of regulating contractual legal relations are investigated.
Source: Academia Polonica.
DOI: 10.23856/6614
Author: Valeriia Bohdanova
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4405790580