2018 Volume 3 Issue 2 Supplementary
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INVESTIGATING THE SCOPE OF FORCE MAJEURE IN INTERNATIONAL LAWS


Amineh FAZLI
Abstract

Force majeure is a French term speaking of an irresistible and extraordinary force and it is applied to refer to the unfulfillment of a contract due to incidents that are out of the parties’ control and cannot be avoided even with exercising of due care. Force majeure has been expanded to the extent that, besides encompassing the domestic laws, it enters the international laws, as well. Based thereon, the actualization of force majeure, in both domestic and international laws, has been pendent over the existence of three conditions: the exogenous nature of the incident, the unpredictability of the incident and the inevitability of the incident. One most important outcomes of the force majeure is liability exemption. Another effect of the force majeure is the cessation of obligation fulfillment and if the force majeure renders the obligation fulfillment permanently impossible it will lead to the obligation abortion otherwise the obligation might be suspended. Force majeure is considered as a factor giving rise to the dismissal of an international liability. Considering the scarcity of the organized compiled materials regarding force majeure, the present study aims at collecting more topics on force majeure so that it can be developed more and the other researchers can make a more ready use thereof. The importance of force majeure lies in the idea that the entry of force majeure into the various legal systems necessitates a comparative research so that the consensus and discrepancies can be more vividly clarified and create at least a provision featuring the most commonalities.


Issue 2 Volume 11 - 2026