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What is force majeure

What is force majeure

The man is powerful and, it would seem, today everything is subject to him.

But sometimes people are faced with overwhelming forces, which are difficult or even impossible to resist.

Such circumstances are called force majeure.

Force Majeure

Which came from the French phraseforce majeure (force majeure) in Russian shall be construed as force majeure, inevitable fatality. These include extraordinary events, unforeseen. Or, if foreseen, such that can not be prevented and for which no one is responsible. Force majeure associated with irreparable losses, they can also affect the ordinary citizens, all of a sudden worsening living conditions.

Irresistible force of nature

Traditionally referred to as force majeurecircumstances that occur as a result of the intervention force majeure nature. This natural disturbances such as earthquakes, floods, hurricanes, sometimes causing great destruction often associated with human casualties, and damaging the economy.
The most memorable and tragic event lastdecades is caused by the earthquake and tsunami in Indonesia in 2004. As a result of elements revelry island of Sumatra has moved 30 meters towards the south-west, and at the bottom of the Indian Ocean formed a break length of 1 200 km. Then killed about 230 000 people. Almost the same power the earthquake and tsunami in Japan in 2011 led to an ecological disaster, causing damage to the Fukushima nuclear power plant reactor.

Legal force majeure

In civil law, there is also the concept andthe definition of force majeure. These include cases where the effect of extreme and irreversible events, it becomes impossible to fulfill the conditions of the contractual obligations of the parties. The reasons may be the same irresistible force of nature. For example, the loss of or damage to cargo transported by sea, by a sudden storm. If the damage to the carrier's fault no partner, then he should not be held responsible.
By legal force majeure includes situationscaused by human factors and social collisions. For example, decisions of the highest state and inter-state bodies on import / export, embargo, currency restrictions are independent of the will of the agents. Legal force majeure will be an outbreak of war or revolution in any region, as well as strikes, objectively hinder the execution of the contract. Under the concept of force majeure does not fall within the circumstances associated with the commercial risks, such as unfavorable market conditions or changes in prices.

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