What does it mean that the contract is irresistible?

Natural and man-made disasters ** Tsunami, floods, meteorites in the sky, etc.

My understanding is that the unenforceable contract caused by natural disasters is irresistible, and in addition, during the epidemic this year, the state issued a series of management regulations, and the breach of contract during this period is also an irresistible reason, which is my personal understanding for reference only.

Legal analysis: force majeure mainly includes the following situations: (1) natural disasters, such as typhoons, floods, hailstorms; (2) ** acts, such as expropriation and requisition; (3) Abnormal social events, such as strikes and riots.

The economic crisis is not a force majeure. (1) Whether there is a force majeure clause in the contract does not affect the direct application of legal provisions;

2) The force majeure clause is a statutory exemption clause, and if the force majeure clause is less than the statutory scope, the parties can still claim exemption by invoking the legal provisions; If it is greater than the statutory scope, the excess part shall be deemed to have established a separate exemption clause;

3) Force majeure is mandatory as an exemption clause, and the parties shall not agree to exclude force majeure from the exemption.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Force majeure elements in the contract include:

1. Natural factors, such as typhoons, floods, hailstorms, heavy rains, etc.;

2. Political factors, such as expropriation, war, etc.;

3. Social factors, such as strikes, riots, anti-epidemics, demonstrations, etc.;

4. Other irresistible factors in the contract.

[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.

Article 590.

If 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.

Legal analysis: The so-called force majeure refers to the objective circumstances that cannot be foreseen, avoided and not served 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.

The refusal to perform the contract due to force majeure is the refusal to perform the contract because of the above-mentioned objective factors.

Legal basis: Article 590 of the Civil Code of the People's Republic of China If 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 reduce the losses that can 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.

Legal analysis: refusal to perform a contract due to force majeure means that the contract cannot be performed due to force majeure factors and thus refuses to perform. The so-called force majeure refers to objective circumstances that cannot be foreseen, avoided and overcome.

For example, due to other non-human factors such as disasters, financial crises, laws and regulations, etc., it is unavoidable and cannot perform the contract. In these cases, it is legally possible to cancel the contract.

Legal basis: Article 590 of the Civil Code of the People's Republic of China If one of the parties fails 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.

The refusal to perform a contract due to force majeure means that the contract cannot be performed and the purpose of the contract cannot be achieved due to unforeseeable, unavoidable and insurmountable objective circumstances. If the contract cannot be performed due to force majeure, the liability shall be partially or fully exempted according to the impact of force majeure, except as otherwise provided by law. If force majeure occurs after the party delays performance, it cannot be exempted from liability.

[Legal basis].

Article 180 of the Civil Code provides that a person who is unable to perform a civil obligation due to force majeure shall not bear civil liability. Where the law provides otherwise, follow those provisions. Force majeure is an objective circumstance that cannot be foreseen, avoided and overcome.

Article 563:In any of the following circumstances, the parties may terminate the contract: (1) the purpose of the contract cannot be realized due to force majeure; (2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt; (3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded; (4) One of the parties delays the performance of its obligations or has other breaches of contract, resulting in the inability to achieve the purpose of the contract; (5) Other circumstances provided for by law. In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

(1) Article 117 of the Contract Law stipulates that if a contract cannot be performed due to force majeure, the liability shall be partially or fully exempted according to the impact of force majeure, unless otherwise provided by law. If force majeure occurs after the parties delay performance, they cannot be exempted from liability.

For the purposes of this Law, the term "force majeure" refers to objective circumstances that cannot be foreseen, avoided or overcome.

2) The relevant interpretation does not make specific provisions on force majeure, and under normal circumstances, the following acts will be recognized as force majeure: 1. Major natural disasters, such as tsunamis and mudslides; 2. Major social abnormal events, such as riots and demonstrations; 3. ** behavior, such as sudden expropriation decisions, etc.

Force majeure refers to natural events that cannot be foreseen, unavoidable, and not caused by man. Such as flash floods, mudslides, **.