A Plea Of Force Majeure Their Contract Dispute In The Application

In this paper, Research Institute of exploration and V. Luneng group exploration contract dispute as the example, discussed the force majeure defense in contract disputes. In a contract dispute, the reasons of default of the different result in liability for breach of contract in the distribution of different. The party in breach caused by breach of contract claims the reason can not be attributed to both the causes, should the exemption. For example, to change the situation of force majeure. While the non-breaching party that breaches the contract because the other person did not foresee the normal business risk, breaches the contract, it shall bear the liability for breach.The first chapter of this article introduces case began, specify case, stated the first-instance judgment and second trial court decisions, thus obtains the focus of controversy, namely abstract administrative behavior, and more specifically with the ban and the policy content of abstract administrative behavior, in contract disputes should be how to identify. The second chapter to this controversy focus led to commercial risk, change of circumstances, force majeure three concepts of law, while in the three concept focuses on the content system of force majeure. Through the introduction of the three concepts, and compare and differentiate. Business risk is in line with the law of value, change of circumstances to perform difficult and unnecessary features, and force majeure has insurmountable characteristics. This article discusses a case of dispute the focus that government planning should be identified as force majeure. The third chapter on the force majeure system in our country under the environment of legal system deficiencies, the applicable law and regulations, regulation of the responsibility is not clear, the lack of insurance in force majeure risk sharing. In the existing set of circumstances, can be specified in the contract force majeure clause, to avoid the risk of one party to a contract. The theory and practice through setting set two aspects to discuss how to set up a force majeure clause in order to protect the interests of contract system.