The Analysis Of Rules Of Force Majeure Application

Force majeure means any unforeseeable events beyond the parties’control which prevent the performance of any obligation under this contract. In the days when everything is developing in high speed, by a series of means, people’s ability of natural and social understanding is also improved. However, people’s ability is always limited when they compare against the powerful nature. The future is unpredictable. And no one can always forecast correctly what is going to happen in the future. Under that circumstance, we need legal rules to exempt responsibility of the obligors according to the specific conditions of force majeure.The force majeure rule firstly appeared in Roman law. As s rule of a long history, the force majeure rule has gone through continuous inheritance and development in the countries where use continental law system. It also has a long history in China. It even had been used as the main content of legal disclaimer in the law of Tang dynasty. After the force majeure rule had been used in formal official language in the French Civil Code, it has being adopted by other countries all over the world. Though specific contract dispute cases, this article made detailed analysis on the force majeure rule. The first part is introduction, mainly introduced the background and the development history of the force majeure rule. The second part is a brief introduction of some facts of the cases in this article, then summarized the disputes focus of both sides. The third part analyzed the specific circumstances where the force majeure rule can be used. Though comparative analysis, distinguished the difference and relationship between the force majeure rule and related civil concept, so that we can make better judgment on a specific contract dispute case-hether the force majeure rule is suitable to use in it. Though the analysis above, the writer summarized the defects and shortcomings of the force majeure rule in China’law. And then came up with advices to perfect the force majeure rule in the law of our country.