Force Majeure in Commercial Law – Concept and Qualifying Indications Cover Image

Непреодолимата сила в търговското право – понятие и квалифициращи признаци
Force Majeure in Commercial Law – Concept and Qualifying Indications

Author(s): Violeta Vladova-Ivanova
Subject(s): Law, Constitution, Jurisprudence
Published by: Икономически университет - Варна
Keywords: force majeure; commercial law; qualifying indications of force majeure; impossibility of performance of contract

Summary/Abstract: The legal institute of force majeure is significant for the commercial relationships, because it is related to impossibility of performance of obligations under commercial contracts and represents an exception from the principle of the binding force of the contract (Pacta sunt servanda). Also, force majeure has been researched in detail in the light of the civil law, but from the point of view of the commercial law it has been studied relatively less. This is what determines the topicality of the matter and provokes the scientific interest. The purpose of this article is to characterize force majeure through its legal features, by emphasizing on two of its controversial points – unexpectedness and inability to prevent. The article analyses the concept and the legal features, which determine a given circumstance as force majeure, by reviewing the legal regulation, the different theoretical views and the judicial practice. On this basis the main discussion points are drawn, and conclusions and recommendations are made for improvement of the legislation.

  • Issue Year: 61/2017
  • Issue No: 1-2
  • Page Range: 52 - 66
  • Page Count: 15
  • Language: Bulgarian