The study of act of god in the light of law

According to the principle of requirement of the contracts, the contents of contract must be respected and binding for parties. This principle is accepted in the law of different countries, so that for example, articles 219 of Iran civil code and 1134 of France civil code confirm it. According to this principle, failure to perform the contract duties is the fault of promisor, unless he could prove the cause is for the force majeure. This study surveys the force majeure process in comparative law with a brief look to Iran law. Result of this paper states that force majeure is accepted in all legal systems as an excuse for failure of performance; because, it may cause performance practically impossible. Hence, it has impressive effects on contract. In common law, the terms termination of contract and impossibility are used instead of force majeure. Also, force majeure and hardship are distinguished. Force majeure causes impossibility in contract performance, while hardship causes one of parties falls in a hard circumstance for performing the contract promises. Almost in all international contracts, force majeure condition is considered. It is analyzed and regarded according to initial circumstance of contract and implied terms.

کلیدواژه ها:

Force majeure ، Force majeure condition ، Force majeure effects ، Force majeure instances ،