| At the end of 2019,the Covid-19 epidemic broke out.The second year,WHO declared it a public health emergency of international concern in accordance with the International Health Regulations,which aroused the attention of the international community.Before Covid-19,WHO has declared some events as public health emergencies and called on the international community to take coordinated response measures.The occurrence of such incidents has had a significant impact on international trade.Many long-term foreign-related goods sales contracts encountered performance obstacles due to the epidemic itself and related prevention and control measures.The parties to the contracts are concerned about the distribution of liability for breach of contract and hope to invoke force majeure rules to reduce or exempt their liability for breach of contract.There are three parts in this article.In the first part,based on the definition in the International Health Regulations and several examples of PHEIC,it is determined that Covid-19 is of the characteristics of suddenness,harm and complexity.The second part refers to the provisions of domestic including China's law system and international treaty and commercial customs,discussing that Covid-19 is consistent with the unforeseen,unavoidable and insurmountable requirements of force majeure in a broad sense.The parties to the contract may apply force majeure rules to reduce or waive their liability for breach of contract when they have done a good job of providing evidence.The third part studies that for enterprises,what should be done to make the disputes in an agreement in Covid-19 apply to Force Majeure properly in practice.they must perform obligations such as notification and certification.For contracts that can continue to be performed,they must carefully choose the way to resolve disputes to protect the interests of both parties and protect the transaction to the greatest extent. |
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