The effectiveness of such a clause in the present circumstances depends on the exact wording of the force majeure clause and the explicit reference to pandemics, epidemics of notifiable diseases or acts of the state, such as events recognized as such by the Treaty, which excuse the performance of obligations. If the clause authorizes the termination of the contract on the date of the declared event (as opposed to the first benefit), the innocent may be allowed to terminate the contract without the consideration being held liable. False statements and errors may result in the status of the agreement reached by the parties and the agreement reached between them at the time of the formation of the contract. The contract is not obligated to say that the parties intend to amend the agreement itself. An infringement may also arise if one of the parties involved does not fully comply with the commitments or meets any of the obligations set out in the agreement. If the offence is considered essential, the lessor can claim damages. An intangible breach of contract limits the possibility of claiming criminal damages. If the infringement results in a dialogue between the parties to renegotiate the terms of the agreement, they should also ensure that all contract modification requirements are met (see our first guidelines in this series regarding the agreement on contractual changes in the blocking here). Should the termination of a contract apply only in the future or should it terminate the entire agreement? We advise them on contractual disputes related to trade and trade agreements, such as: This is an obvious starting point, but the first point of contact should be the verification and revision of contractual terms. The termination must always be taken into account in the contractual terms terminated.
This is sufficient to meet the counterparty requirement and for the termination to be legally binding by agreement. They are only the general legal reasons available in all contracts: they can be qualified or excluded by the agreement itself. b) In the case of bilateral or reciprocal obligations, the debtor who is affected by a case of force majeure is exempt from liability in the event of non-performance, but the other party may terminate the contract. Exceptionally, the maximum „genus numquam perit“ applies to general obligations, under which it is considered that the case is not in the process of disappearance and that there is therefore no impossibility of benefit because of the loss of the items on which the debtor relied for the benefit. This is the case, for example, with monetary obligations which, according to the case law, cannot normally be affected by a case of force majeure. Interim measures can be put in place to stem future breaches (which assume that the contract has not been terminated). In the absence of an explicit clause on the case of force majeure, the lesson of frustration may apply in rare cases.