Identification of Force Majeure Weather

Legal analysis: after the establishment of the contract, the objective situation has changed greatly, which is not a commercial risk, but unforeseeable when the parties conclude the contract and caused by force majeure. If one party continues to perform the contract or fails to achieve the purpose of the contract, and the party requests the people's court to modify or terminate the contract, the people's court shall decide whether to modify or terminate the contract according to the principle of fairness and the actual situation of the case. "For the change of circumstances, the court generally decides to terminate the contract. If both parties to the transaction reach an agreement to change the terms of the contract, the court will also decide to change the terms of the contract, and both parties to the transaction will continue to perform the contract.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 562 The parties may terminate the contract through consultation. The parties may agree on the reasons for one party to terminate the contract. When the reasons for the termination of the contract arise, the creditor may terminate the contract.

Article 563 The parties may terminate the contract under any of the following circumstances: (1) The purpose of the contract cannot be achieved due to force majeure; (two) before the expiration of the time limit for performance, one party clearly indicated or indicated by his own behavior that he would not perform the main debt; (three) one party delays the performance of the main debt and fails to perform it within a reasonable period after being urged; (4) One of the parties delays the performance of debts or commits other breach of contract, which makes it impossible to achieve the purpose of the contract; (5) Other circumstances stipulated by law. For an indefinite contract whose content is to continue to perform debts, the parties may terminate the contract at any time, but they shall notify the other party before a reasonable time limit.