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Force majeure is something that you can't predict, but it will still happen that you can't stop, when I was a child, I had a big golden retriever at home, I didn't know that my mother wanted to give it away, and then once I came home and found it gone, and then I learned that my mother gave it away, this situation is something I can't predict and I can't stop.
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This should be an idiom that will appear in most contracts! From a literal point of view, it is something that human factors cannot fight with, for example, you have to go to work, but suddenly **, no one can control this problem, so it is easier to understand, volcanic eruptions, typhoons, tsunamis, etc. are force majeure, and then there is war.
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For example, if there is a typhoon or hail on this day, these are force majeure factors. There are also natural disasters, such as **, volcanic eruptions, etc., and for example, I think there are terrorist attacks, which are also force majeure factors. Personal opinion is not necessarily correct.
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For example, I have prepared a reasonable amount of time, and I can stay at home for a while, and I plan to go to school without being late, and then I buy a plane ticket that is just not late. But when I arrived at the airport, the staff told me that my flight would be delayed for several hours, and the itinerary was all broken. There is no way, we have to be criticized by the teacher, and the credits will also be deducted, and we may also be criticized.
But when faced with a choice with life, I would rather deduct these credits and be criticized by the teacher, because I just want to arrive at school safely.
I don't know if you have experienced this force majeure, I have experienced traffic jams and delayed flights. All are unpredictable, and all are irresistible.
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Force majeure is the inducement to change objective facts without personal will. Last summer, the heavy rain, the reservoir burst in my hometown, the flood washed into the residential area, and some old houses were washed away by the torrent.
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Force majeure refers to unforeseeable and irresistible external factors, only the kind of natural disasters that exceed normal conditions, sudden, unforeseeable and unavoidable under normal circumstances, such as heavy rain, flash floods, tsunamis, **, and mudslides, are force majeure.
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One day I made an appointment with a friend to go to dinner together, and I was ready to go, but he called ** and said that he couldn't go.
I'm sure I'm going to choose the reason, he said his parents arranged a blind date for him, and he was going to meet a girl tonight. I understood it instantly, and then generously said you go, I don't care.
That's the force majeure in my life.
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Do you know what force majeure is? Force majeure refers to (in general), floods, fires, snowstorms and other natural disasters and adjustments to laws, regulations, and politics. Or some refer to situations that cannot be foreseen, cannot be avoided, cannot be avoided and cannot be overcome.
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The types of unclear majeure include natural disasters, ** behaviors, social emergencies, etc. Force majeure under the law mainly refers to objective circumstances that cannot be foreseen, avoided and overcome. Where civil obligations cannot be performed due to force majeure, civil liability shall not be borne.
Article 180 of the Civil Code of the People's Republic of China (CPC) Where civil obligations cannot be performed due to force majeure, civil liability shall not be borne. Where the law provides otherwise, follow those provisions. Force majeure is an objective circumstance that cannot be foreseen, avoided and overcome.
Article 590 of the Civil Code of the People's Republic of China: Where one of the parties is unable to perform the contract due to force majeure, it shall be exempted from liability in part or in whole according to the impact of force majeure, except as otherwise provided by law. If the contract cannot be performed due to force majeure, the other party shall be notified in a timely manner to mitigate the losses that may be caused to the other party, and proof shall be provided within a reasonable period of time. If force majeure occurs after the party delays performance, it shall not be exempted from liability for breach of contract.
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What are the circumstances of force majeure? What are the circumstances of force majeure? The so-called force majeure refers to objective circumstances that cannot be foreseen, avoided and cannot be overcome at the time of the conclusion of the contract.
Including natural disasters such as typhoons, floods, hailstorms; Acts such as expropriation and requisition; Abnormal social events, such as strikes and riots. One of the main factors: unforeseeable contract parties must not have been able to foresee the occurrence of force majeure events.
If it could have been foreseen, or should have been foreseeable, it does not constitute force majeure, for example, if a ship transports a batch of goods from one seaport to another, and the captain of the ship leaves the ship without listening to the radio weather forecast before going to sea, and as a result, the cargo is damaged by a storm. The storm was not force majeure for the captain. Because the captain of the ship going to sea as a sea transporter should know the weather forecast for that day, and the weather forecast has already foretold the storm that the captain can foresee, but due to negligence and omission he should bear the responsibility for the damage to the cargo.
Force majeure factor 2: inevitabilityEven if there is an unforeseeable disaster, if the consequences caused by it can be avoided, then it does not constitute force majeure, and only if no measures can be taken to avoid it, it has the characteristics of force majeure. For example, if a ship encounters a storm at sea, there is a safe haven nearby, but if it does not enter, it will also be liable for damage to the cargo.
Force Majeure Factor 3: Insurmountability This is the last characteristic of force majeure. It means that the parties cannot overcome the consequences of the event, that is, there is no way to prevent it, which is a force majeure** or social behavior, such as a change of policy, a change of state of power, etc.
Do you understand this explanation?
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Legal analysis: Force majeure refers to objective circumstances that cannot be foreseen, avoided or overcome. It is a condition for exempting civil liability from false rent.
Except as otherwise provided by law, those who cause damage to others under force majeure shall not be legally liable. Including natural disasters such as typhoons, floods, hailstorms; Acts such as expropriation and requisition; Abnormal social events, such as strikes, commotion, laughter, and chaos.
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 shall not be borne. Where the law provides otherwise, follow those provisions. Force majeure is an objective circumstance that cannot be foreseen, avoided and overcome.
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