Research On The Force Majeure System From The Perspective Of Global Public Health Events

At the end of 2019,the novel coronavirus disease epidemic(hereinafter referred to as the"new crown epidemic")broke out in my country.On January 31,2020,the International Health Organization combined the source of the infectious disease and the path of transmission of the virus and officially defined it as a "global emergency".Public health incident".The public health incident has had a huge impact on the world’s economic and trade patterns and political patterns,and brought unprecedented challenges to mankind.The lives of hundreds of millions of people around the world have also been affected by this incident.Contract legal relationship is the most closely related legal relationship in human social life.Due to this public health incident,many foreign-related contracts are faced with obstacles to performance.Therefore,the protection of the force majeure system is the basis for clarifying the rights and obligations of both parties.The force majeure system has different performances in different legal countries and international commercial rules.Regardless of whether the force majeure clause is stipulated in the contract,to a large extent,it can strive to claim the application of force majeure for exemption.But how to deal with global public health events from the perspective of force majeure and how to apply force majeure when the performance of foreign-related contracts is difficult to analyze and put forward some suggestions.The first part of the article elaborates from two aspects.One is to introduce the meaning,characteristics and impact of global public health events.The second is a brief introduction to the force majeure system from the following aspects: the connotation of force majeure,the historical development of force majeure,the subjective and objective elements of force majeure,and the specific appearance of force majeure.The second part of the article introduces the determination of the force majeure system in the domestic and international legislative practice under global public health events.Since the COVID-19 pandemic was recognized as a global public health event by the United Nations,foreign-related contracts under the pandemic have faced serious challenges.As each country and international commercial rules have different provisions on force majeure,whether the force majeure system can be invoked in the contract performance is consistent with the application The governing law is closely related.So the author is divided into three levels to explain.Firstly,it introduces the force majeure system under Chinese law,and then introduces the international force majeure system,for example,the United Nations Convention on Contracts for the international sale of goods in the international commercial rules,the contract failure system under the common law and the United States law,the force majeure system under the French Civil Code.Finally,a simple comparison of the system is made.The third part of the article introduces the determination of force majeure system in domestic and international judicial practice under global public health events.This part is divided into three levels.First,it systematically analyzes our country’s determination of this situation from four aspects: the constituent elements,the causal connection between related events,the obligation of notification and proof,and the agreed force majeure clause.Secondly,it introduces the international recognition of judicial practice in this situation.Finally,I will make a summary on the domestic and international judicial practice identification.The fourth part of the article introduces the problems existing in the force majeure system under global public health events and the suggestions for dealing with global public health events from the perspective of force majeure.On the one hand,the main problems include:inconsistency in the legislation of various countries,the application of different laws has different effects on foreign-related contracts,and the force majeure clause itself has some problems.On the other hand,the advice given to respond to global public health events is to strengthen contract management and improve the agreement on force majeure clauses.