不可抗力条款（Force majeure clause）.docVIP

不可抗力条款（Force majeure clause） Force majeure clause means that in a contract it is exempted from all or part of the responsibility of a party if the parties cannot perform all or part of the obligations due to force majeure. The other party may not compensate for this claim. Therefore, the force majeure clause is an exemption clause. (1) the concept of force majeure clause. The force majeure clause is stipulated in the contract after the parties in the binding and cannot be foreseen, can not avoid, control the accident, so as not to fulfill the contract or fails to fulfill the contract, from the force majeure clause to avoid contract responsibility. (2) the condition of an accident that constitutes a force majeure: The accident happened after the contract was signed; Accidents can not be foreseen, avoided and controlled by the parties. Force majeure accidents mainly include two kinds, one is caused due to natural forces, such as flood, drought, typhoon, earthquake and so on; the other is the social causes, such as war, blockade, government ban etc.; The causes of accidents, such as negligence or negligence of the party. (3) the legal consequences and consequences of force majeure. Under the 1980 United Nations Convention on Contracts for the international sale of goods, the parties subject to the force majeure may not be liable for rescission or delay of performance. Only when the force majeure and the fault of the party exist at the same time, the person in charge of the case should bear the corresponding responsibility for compensation. After the force majeure, the contract results are mainly as follows: Rescission of contract. In general, a contract may be dissolved if force majeure causes the performance of the contract to be impossible. In the sale of special grain trade, the origin of this special grain crop is lost because of flood. In this case, the contract can be dissolved. Delay performance. If force majeure only temporarily hinders the performance of the c