Proving Force Majeure Circumstances PDF Print E-mail

No party failing to fulfill or fulfilling inadequately its obligations under the contract (agreement) shall bear financial liability under the contract (agreement) if the party proves that the fulfillment has been impossible due to force majeure circumstances.

Force majeure circumstances are subdivided into the force majeure and “Hardship” circumstances:

  1. Force majeure circumstances are the extraordinary and unavoidable circumstances that prevent or make practically impossible the fulfillment or proper fulfillment of obligations for the occurrence of which the obligated party is not liable and the occurrence of which the party could not prevent and/or foresee.
  2. "Hardship" circumstances refer to the situation when a significant change of circumstances beyond the control of the parties makes the fulfillment of obligations under the contract (agreement) too onerous.

The proof of force majeure or “Hardship” circumstances shall be a ground for releasing from liability for the non-performance or inadequate performance of obligations under the contract (agreement) or change of the contract.

 
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