Traditional Culture Encyclopedia - Weather inquiry - The wet weather in the house I rented caused the clothes to break down, which is said to be an irresistible factor. Is humidity an irresistible factor for me to lose money
The wet weather in the house I rented caused the clothes to break down, which is said to be an irresistible factor. Is humidity an irresistible factor for me to lose money
(1) Natural disasters, such as typhoon, flood and hail;
(2) government actions, such as expropriation and requisition;
(3) Abnormal social events, such as strikes and riots.
Pay attention to this question:
(1) Whether the force majeure clause is stipulated in the contract does not affect the direct application of the legal clauses;
(2) The force majeure clause is a statutory exemption clause. If the agreed force majeure clause is less than the legal scope, the parties can still invoke the legal provisions to claim exemption; If it is greater than the legal scope, the excess shall be regarded as another exemption clause;
(3) Force majeure is mandatory as an exemption clause, and the parties shall not agree to exclude force majeure from the exemption scope.
Exemption effect:
If the contract cannot be performed due to force majeure, the responsibility shall be exempted in part or in whole according to the influence of force majeure. However, there are the following exceptions: (1) The liability for delay of monetary debt is not exempted due to force majeure.
(2) Force majeure during the delay in performance cannot be exempted from liability.
In fact, neither the General Principles of Civil Law nor the Contract Law takes the accident as an exemption condition. Therefore, most scholars advocate that accidents should not be used as an exemption.
China's "Contract Law" stipulates:
The so-called force majeure refers to the objective situation that cannot be foreseen, avoided and overcome when concluding a contract. Force majeure must meet the following conditions: a. Unforeseen accidents. The event referred to by force majeure must be unforeseeable by both parties at the time of conclusion of the contract, and it is purely accidental after the conclusion of the contract. Of course, this kind of sudden accident is not an event that the parties can't imagine completely, and some accidents are not completely unpredictable by the parties. However, due to the extremely small probability of its occurrence, it is ignored by the parties and excluded from the normal situation. However, as a result, this accidental event really appeared, and this kind of event is still an unpredictable event. Generally speaking, there are two different criteria to judge whether it can foresee an event: one is objective criteria, that is, under certain circumstances, the parties to a contract should foresee what a normal person can foresee. If the foresight of such an event requires some special knowledge, then the parties to the contract should foresee the event as long as anyone with normal professional knowledge can foresee it. The second is subjective criteria, that is, under certain circumstances, according to the subjective conditions of the actor, such as the age, development, knowledge level, professional status, education level and comprehensive ability of the parties to the contract, to judge whether the parties should foresee. B. uncontrollable objectivity. The event of force majeure must be caused by objective reasons beyond the debtor's control, and the debtor has neither intention nor negligence subjectively, so it cannot be prevented subjectively. If the debtor can overcome events that are not attributable to him through subjective efforts, he must work hard, otherwise it will not be enough to forgive his debts.
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