The word "force majeure" borrowed from the French translates as "an irresistible force", circumstances that are difficult to foresee. Lawyers have already decided on the main points of this concept and include them in the treaty. There is a clear list, but many people forget that it can differ in different spheres of activity.
Force Majeure - what is it?
The word "force majeure" is translated as "higher power", in legal documents this wording implies unpredictable actions that affected the compliance of the treaty. They do not depend on the participants in the transaction, and within the framework of the law this frees you from the need to be responsible for violating terms and conditions. Such events are divided into unforeseen and foreseeable, which can not be prevented. To avoid losses, lawyers prescribe a waiver of such obligations. Force Majeure is:
- natural disasters:
- illness of one of the contract participants;
- strikes.
What is "force majeure"?
Force majeure circumstances are those that come because of the vagaries of nature:
- earthquakes;
- flooding;
- hurricanes;
- tsunami;
In civil law, this list also includes loss, damage to cargo when transported by sea. Legal force majeure takes into account more human and social factors:
- government orders for the importation, exportation of goods and embargoes;
- military actions and revolutions;
- fluctuations in the price policy;
- market conjuncture.
What are the force majeure circumstances?
Force majeure or force majeure circumstances include an extensive list, many contracts do not incorporate commercial risks into it. Therefore, experts advise the parties to the contract clearly stipulate the conditions and, if necessary, enter the necessary items. All these circumstances, lawyers are divided into 2 groups:
- Natural and man-made . The vagaries of nature, in the list of which, in addition to the standard set of possible disasters, it is possible to include another drought or rainy season, frosts - all phenomena specific to a particular region. And also breakdown of equipment due to external conditions.
- Social . The reasons that provoked the behavior of people: putsches, strikes, public unrest, overlapping trails.
Force majeure circumstances for the bank
Force majeure and force majeure in the interpretation of treaties are actual synonyms, all aspects are very carefully considered and taken into account by financial institutions when providing loans. Lack of money or loss of work by the client in such a list is not included. Under standard rules, force majeure circumstances in the loan agreement, in addition to the above natural disasters, include:
- fires;
- Act of terrorism;
- sudden military actions in the territory.
Such circumstances are exempt from liability, but on condition that the borrower notifies the bank about them in a timely manner. It also takes into account the period of validity for which types of force majeure are divided into:
- Short-term. Natural disasters.
- Prolonged. Prohibition of export or import goods, blockade, currency restrictions.
Force majeure in the service agreement
Force-majeure circumstances under the contract stipulate the participants to protect their interests in case of unforeseen situations and unpleasant results. In this case, the participants of the process can make their own adjustments, with the coordination of all aspects. The mentioned item enter the end of the contract and in the addenda. If any of the listed events did occur, an additional agreement is drawn up, with a change in the timing. Force majeure in the contract is taken into account if:
- the parties notified each other of unpleasant changes;
- official documents confirming the situation;
- the notification was made on time, otherwise the right to change the deadline is canceled.
Force Majeure in Tourism
Force-majeure situations in tourism professionals are called risks, their peculiarity is that it is very difficult to classify such situations. We are talking about the unpleasant consequences of this or that situation for a tourist and for a travel agency. And in a foreign country anything can happen. The most common cases of tourist force majeure, which must be in the contract:
- Robbery of the apartment during the departure of the owners to rest.
- Poisoning by exotic products.
- Infection during the journey.
- Loss of baggage at the airport, robbery in a foreign country.
- Violation of the laws of another state by ignorance.
- The problem with the flight home due to unrest or non-flying weather.
Force majeure circumstances in construction
Construction - an industry that is especially dependent on the vagaries of the weather, and the failure to deliver the facility is in serious danger. Therefore force majeure in the contract of work is an integral part of the document, without which it is very risky to take up work. Such an agreement should provide that:
- Parties are not liable in the event of insurmountable circumstances.
- We are talking about extraordinary events that were not foreseen at the time of writing the document.
- The injured party could not prevent them.
- Force majeure includes global changes: fire, war, epidemics, the signing by the government of new acts that can slow down the work.
- In such circumstances, the terms provided by the contract are extended for the duration of these circumstances.