Comparative Research On Force Majeure

The purpose of setting up the Exclusion System of Force Majeure is distributing risks reasonably and achieving just and reasonable result and the principle of fairness.However,the definition of Force Majeure is rather ambiguous.Furthermore due to the Exclusion System of Force Majeure by the existing law,the judicial practice confronts a mass of obsession.This paper divides into 6 parts except a preface.The preface introduces the method of this paper which is comparison in main while normative analysis in second——comparing the function of the system of Force Majeure among different countries while normatively analyzing the Exclusion System of Force Majeure in China.Finally the purpose of this paper——on the basis of study and absorption the elite of the systems concerned in different countries,the writer tries to define the conception of Force Majeure,illuminate the legal effect of applying the system of Force Majeure and perfect it——is lightened.The first chapter discusses the theoretical basis and significance of the system of Force Majeure,and then illustrates the origin of the system of Force Majeure.The second chapter reviews the system of Force Majeure in the perspective of comparative law and introduces concretely the systems, which embody the function of Chinese Force Majeure,in German,Britain and America,including the system of impossibility of performance of German law and the system of Frustration of Purpose of Britain and America law.And the contact of the systems between these countries and China is also analyzed as well as the provisions concerned the system of Force Majeure in CISG and PICC.The third chapter analyzes the characteristic and the composing elements as well as the applied extension of Force Majeure in detail,and differentiates Force Majeure and accident accordingly.The fourth chapter is about the provision of Force Majeure.In this part, the writer analyzes the character and function of the provision of Force Majeure in brief,expatiates on the methods of setting up the provision of Force Majeure and distinguishes it from Exclusion Clause.The fifth chapter concerns the Exclusion System of Force Majeure in China.This paper explains the legal effect of applying the Exclusion System of Force Majeure in existing Chinese law,and analyzes the relation between the System of Force Majeure and Rebus Sic Stantibus in China.The sixth chapter refers to the writer's opinion of perfecting the System of Force Majeure in China.The writer points out some deficiencies of the System of Force Majeure in China and puts forward some suggestions of perfecting.