Aspects regarding force majeure in the context of the state of emergency Cover Image
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Aspecte privind cazul de forță majoră în contextul stării de urgență
Aspects regarding force majeure in the context of the state of emergency

Author(s): Andrei Vasilescu, Bogdan Lungu
Subject(s): Civil Law
Published by: Editura Solomon
Keywords: force majeure; state of emergency;

Summary/Abstract: In the context of the measures adopted at national and global level with a view to combat the spread of the SARS-CoV-2 coronavirus, the normal conduct of contractual relationships is strongly affected, this context causing the invocation of force majeure by individuals and enterprises in order to be exempt from the liability deriving from the failure to fulfil the assumed contractual obligations. Given this atypical situation, the Government issued Extraordinary Ordinance no. 29 of March 18, 2020, whereby it has adopted certain special provisions regarding the invocation of force majeure, meant to diminish the effects of the measures adopted during the state of emergency, thus creating a rebuttable presumption that this case of force majeure does exist, under certain conditions.

  • Issue Year: 2020
  • Issue No: 2
  • Page Range: 106-111
  • Page Count: 6
  • Language: Romanian