Posts archive for May, 2020

Is the COVID 19 outbreak a force majeure?

COVID 19 Force majeure

The VIDOC-19 epidemic has created a period of uncertainty in business life: plant closures, containment, prohibition of consolidations, extensions of deadlines, etc. have all disrupted the fulfilment of contractual obligations. The defaulting party may wish to invoke force majeure due to COVID 19 in order to clear itself of its non-performance. Force majeure: what does the law say? According to Article 1218 of the Civil Code, created by the 2016 contract law reform: "Force majeure in contractual matters exists when an event beyond the debtor's control, which could not [...] be avoided by the debtor's failure to perform his or her contractual obligations.

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