Buzz

In the BUZZ section, we warn you against an interesting practice, which we meet with and inform you about current events in which we have or will cooperate.

FORCE MAJEURE AND EPIDEMIC

In contractual relations, there is effective the rule that the parties must fulfil their contractual obligations. However, this may not be possible for reasons beyond the control of the parties – due to force majeure. If the contract does not specify what the parties consider to be force majeure, the law that otherwise applies in the given case shall apply. Slovenian law (Code of Obligations) does not define force majeure, and case-law interprets it very restrictively. In commercial contracts, especially international ones, the use of a force majeure clause is common. (Force Majeure). Therefore, in the case of a reference to force majeure, it is necessary in each case to look separately at the contractual provision regarding force majeure. As a tool in drafting a force majeure contract clause, the model as proposed by the International Chamber of Commerce (ICC) is very welcome. It was COVID 19 that prompted this chamber to draw up a new model of contractual clause so that, even in the event of an epidemic, customers could automatically invoke force majeure. https://iccwbo.org/content/uploads/sites/3/2020/03/icc-forcemajeure-hardship-clauses-march2020.pdf. The use of this model clause is also recommended in non-international contracts, especially in the case of a project, a long-term investment.

When and how to withdraw from a contract to make the withdrawal price as low as possible?

The expert seminar organised by the Finance Business Academy will take place on 26 September 2017 at 9 am in Ljubljana, the CPU premises

Details of the seminar

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