What are the circumstances of force majeure? What are the circumstances of force majeure?

Force majeure mainly includes the following situations:

1. Natural disasters. Such as floods, **, typhoons, tsunamis, etc.

2. Behavior. That is, after the parties conclude the contract, the contract cannot be performed objectively due to the issuance of new laws and administrative regulations.

3. Social emergencies. The sudden occurrence of social events such as wars makes it impossible to perform the original contract. However, general social disturbances, strikes, etc., should be attributed to the field of human accidents, which are mainly adjusted by the principle of change of circumstances.

Force majeure is characterized by:

1. Unpredictability.

The so-called unforeseeability refers to the fact that it is impossible for a civil subject to foresee whether a force majeure event will occur when performing a civil juristic act. By unforeseeable, we do not mean that we cannot see it, nor that we do not foresee it, but that we cannot see it. An event that is not seen or foreseen by the parties does not necessarily constitute a force majeure event.

Under normal circumstances, for an ordinary civil subject, there are two criteria for judging whether it can foresee the occurrence of an event: one is the objective standard, that is, under normal circumstances, what a person with normal sanity can foresee, the civil subject should have foreseen. The second is the subjective standard, that is, under certain circumstances, according to the subjective conditions of the actor, such as age, knowledge level, technical ability, etc., to judge whether the parties to the contract can foresee.

These two standards are sometimes used in combination or separately.

2. Inevitability.

The so-called inevitability refers to the fact that although the civil subject has taken timely and reasonable measures for a possible unexpected situation, it is objectively impossible to prevent the occurrence of such an unexpected situation. If the occurrence of an event is unforeseeable, but its occurrence can be avoided through the timely and reasonable actions of the civil subject, it is not inevitable.

3. Insurmountability.

The so-called insurmountability refers to the inability of the civil subject to overcome the losses caused by the accident. If the consequences of an unexpected event can be overcome by the efforts of the parties, the event is not a force majeure event. Similarly, if the occurrence of an unexpected event cannot be overcome, but can be alleviated through the efforts of the parties, the part that can be mitigated is not a force majeure event.

In addition, it should also be of a performance period.

The so-called performance period. That is, the force majeure event must occur after the establishment of the civil juristic act and before the termination of performance. If the occurrence of an unexpected event precedes the establishment of a civil juristic act, or after the performance of the act, or when one party delays the performance without the consent of the other party, it cannot constitute a force majeure event.

A force majeure event has the characteristics of a performance period, and a force majeure event can only be exempted from the contractual liability of the parties if it occurs during the performance of the contract. If the delay in performance has exceeded the period of performance of the contract, it cannot be exempted from liability due to the loss of the period of performance.

Force majeure mainly includes the following situations:

1. Natural disasters, such as typhoons, floods, hailstorms;

2 ** Acts, such as expropriation, requisition.

3 Society. will be abnormal. Affair. pieces, such as: Cease. Labor, Sao. Disorderly..

In terms of legal concepts, force majeure refers to objective circumstances that cannot be foreseen or overcome, mainly including the following situations:

Natural disasters: such as **, tsunami, etc., social abnormal events: such as strikes, wars, etc.

**Behavior: such as expropriation, requisition, etc.

Legal Analysis: Force majeure mainly includes:

1. Major natural disasters. Such as major **, tsunamis, typhoons, waves, floods, locust plagues, storms, hail, dust storms, volcanic eruptions, landslides, avalanches, mudslides, etc.;

2. Major social relatives will be abnormal events. This kind of event often refers to abnormal and sudden events in society, which are neither natural disasters nor belong to ** behaviors, such as wars, armed conflicts, strikes, riots, riots, etc.

Legal basis: Article 180 of the Civil Code of the People's Republic of China: Where civil obligations cannot be performed due to force majeure, civil liability is not borne. Where the law provides otherwise, follow those provisions. Force majeure is an objective circumstance that cannot be foreseen, avoided and overcome.

Legal Analysis: Force majeure mainly includes:

1. Major natural disasters. Such as Dan refers to major **, tsunamis, typhoon, waves, floods, locust plagues, storms, hail, sandstorms, volcanic eruptions, landslides, avalanches, mudslides, etc.;

2. Major social abnormal events. This kind of event often refers to the abnormal social and sudden distribution of events, which are neither natural disasters nor ** behaviors, such as wars, armed conflicts, strikes, riots, riots, etc.

Legal basis: Article 180 of the Civil Code of the People's Republic of China shall not bear civil liability if civil obligations cannot be performed due to force majeure. Where the law provides otherwise, follow those provisions.

Force majeure is an objective circumstance that cannot be foreseen, avoided and overcome.

Force majeure is a statutory exemption from liability, and the Civil Code stipulates that force majeure "refers to objective circumstances that cannot be foreseen, avoided and cannot be overcome".

1. Natural disasters such as **, typhoons, floods, tsunamis, etc.

2. Behavior. ** Conduct must refer to a situation that occurs after the conclusion of the contract and cannot be foreseen. For example, after the conclusion of the contract of carriage, the contract cannot be performed due to the promulgation of the embargo law.

3. Abnormal image of society. Some occasional events hinder the performance of the contract, such as strikes and riots. Although force majeure is an exemption from liability in a contract, it is difficult for the law to make specific enumeration of the specific causes of force majeure, so in accordance with the principle of freedom of contract, the parties may specifically list various causes of force majeure when entering into a force majeure clause.

1. What are the reasons for exemption from liability in the contract?

In the course of the performance of the contract, if the contract cannot be performed due to the occurrence of statutory exemption conditions and the exemption reasons agreed in the contract, the obligor will be exempted from performing the obligation. According to the provisions of China's civil law and judicial practice, there are the following reasons for exemption from liability for breach of contract:

1. Force majeure. Force majeure refers to objective circumstances that cannot be foreseen, avoided and cannot be overcome. For example, **, tsunamis, etc.

If the contract cannot be performed due to force majeure, the debtor shall not be liable. It is worth noting that in China's coastal cities the sale and purchase of houses.

In the same vein, some developers claim to be exempted from liability for late delivery by adducing evidence of typhoon weather, which cannot be sustained. The reason is that there are typhoons in the coastal areas of our country every year, although every time the typhoon weather occurs.

It is not foreseeable, but the total number of typhoon weather each year is determined, and it can be reached, due to the long construction period of commercial buildings, the developer should reasonably sign a time with the buyer to deliver the house, and not to typhoon weather.

Claim the liability for breach of contract for overdue mold delivery.

2. Special provisions or agreements. If there are special provisions in the law or there is an exemption clause agreed by the parties at the time of the conclusion of the contract, the breaching party may be exempted from liability when the contract is not performed or the contract is not fully performed and these exemption clauses are met.

3. The other party is at fault. If the failure or incomplete performance of the contract is due to the fault of the other party, the party who fails to perform or does not fully perform is not only exempt from liability, but also has the right to demand that the other party bear the liability for breach of contract.