Country: Global / Non-Specific
Topics: Financing and Risk Mitigation
1.26 MB, 332.03 KB
Certain events, beyond the control of the parties, may inhibit the parties from fulfilling their duties and obligations under the project agreements. To avoid the resultant breach of contract, parties may prefer to excuse contractual obligations to the extent that they have been so inhibited.
Different legal systems have developed different theories in response to this need, including the doctrines of impossibility and frustration in England and the United States and force majeure in France. Under French law force majeure is an event that is unforeseeable, unavoidable and external that makes execution impossible.
Tracking Number: Force_Majeure_Clauses_Checklist_Sample_Wording_EN
 "Impossibilité absolute de remplir ses obligations due à un événement imprévisible, irrésistible et extérieur" French Civil Code, arts 1147 and 11248 (30 August 1816, reprinted 1991).
THIS DOCUMENT HAS BEEN PREPARED FOR THE PURPOSES OF THE PPP IN INFRASTRUCTURE RESOURCE CENTER FOR CONTRACTS, LAWS AND REGULATIONS (PPPLRC). IT IS A CHECKLIST FOR GENERAL GUIDANCE PURPOSES ONLY AND SHOULD NOT BE USED AS A SUBSTITUTE FOR SPECIFIC LEGAL ADVICE FOR A PROJECT.
Updated: February 4, 2021