How to conclude a force majeure clause in a contract

In a contract, a force majeure clause can usually be agreed upon. A force majeure clause is a waiver clause that exempts a party who breaches the contract due to a force majeure event.

The force majeure clause agreed in the contract should generally stipulate the following contents:

2. Article 118 of the Contract Law stipulates that "if one of the parties is unable to perform the contract due to force majeure, it shall notify the other party in a timely manner to mitigate the losses that may be caused to the other party, and shall provide proof within a reasonable period of time." The Contract Law only provides for "timely" notice, and the parties to the contract may agree on a specific time limit.

3. Issued supporting documents and certification institutions.

4. Legal consequences of force majeure events. Paragraph 1 of Article 117 of the Contract Law stipulates: "If the contract cannot be performed due to force majeure, the liability shall be partially or fully exempted according to the impact of the force majeure, unless otherwise provided by law."

If force majeure occurs after the parties delay performance, they cannot be exempted from liability. ”

The force majeure clause in the contract is as follows: since "force majeure" is a statutory exemption clause, even if the parties do not stipulate a force majeure clause in the contract, it will not affect the direct application of the legal provisions to claim the force majeure exemption under the conditions met.

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Article 180 of the Civil Code stipulates that a person who is unable to perform civil duties due to force majeure shall not bear civil liability. Where the law provides otherwise, follow those provisions.

The scope of force majeure accidents: For this issue, it is generally easy to cause disputes between the parties, so under the general situation under the token bridge, it should be specified in a more specific way, and it cannot be general or vague. In the event of a force majeure accident, it is easy to have different interpretations and disputes.

Legal consequences of force majeure events: In addition to specifying the circumstances under which the contract can be rescinded and under which the contract can only be terminated, there should also be an exemption from force majeure that both the buyer and the seller can invoke.

Article 590 of the Civil Code provides that 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, unless 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.

Since "force majeure" is a statutory exemption clause, even if the parties have not agreed on a force majeure clause in the contract, it will not affect the direct application of the legal provisions to claim the force majeure exemption if the conditions are met.

1. If the civil obligation cannot be fulfilled due to force majeure, do you need to be liable?

Force majeure is a statutory exemption when the parties are unable to perform the contract, but the parties claim exemption, they should pay attention to the following aspects:

1. Failure to perform a contract includes complete failure to perform, partial failure to perform and failure to perform on time. If the force majeure only causes part of the performance to be unperformable, the other parts should still be performed; If it only affects the scheduled performance, the parties should still perform in a timely manner.

2. According to the impact of force majeure, partial or full exemption from liability. It is not the occurrence of force majeure that can claim exemption from full liability, but only the part that is truly affected and cannot be performed can be exempted.

3. If force majeure occurs after the parties delay performance, the party shall not be exempted from liability, but shall still bear the liability for breach of contract.

4. If the law has special provisions on force majeure and cannot be exempted from liability, it cannot be exempted from liability in accordance with such provisions. For example, in the passenger contract, the carrier shall still be liable for compensation for the personal injury of the passenger caused by force majeure.

In addition, if one of the parties is unable to perform the contract due to force majeure, it shall notify the other party in a timely manner to mitigate the losses that may be caused to the other party, and shall provide proof within a reasonable period of time.

2. What are the exemptions for late delivery?

Late delivery can be exempted in the following circumstances:

1) The occurrence of force majeure clauses agreed in the contract, such as typhoons, floods, hailstorms;

2) The contract stipulates that the late delivery of the house due to ** reasons constitutes a reason for exemption, such as expropriation and requisition;

3) The occurrence of abnormal social events beyond the control of the seller, such as strikes and riots.

3. Which exemption clauses are invalid.

Disclaimer Rendered Invalid: Disclaimer Manifestly Unfair is invalid; The invalidity of the exemption clause concluded in various ways and means that damages the interests of the state, the collective or a third party; The clause that causes bodily injury to the other party is invalid, etc. The exemption clause in the contract refers to the clause agreed by the parties in the contract to exempt or limit the liability of one or both parties without blind copy.

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.

A force majeure clause is not required to exist in the contract. The main terms of the contract include basic information such as the names and addresses of both parties; the subject matter of the contract; price or remuneration; terms such as the period, place and manner of performance. However, the parties can negotiate to join the force majeure clause on their own.

Article 143 of the Zhendan Civil Code implemented in 2021 Civil juristic acts that meet the following conditions are valid: (1) The actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory rules and regulations of laws and administrative regulations, and do not violate the good customs of public travel. Article 470:The content of the contract is agreed upon by the parties and generally includes the following clauses:

1) The names and addresses of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution. The parties may conclude a contract with reference to the model texts of various types of contracts.