The “Force Majeure” Clause in Commercial Contracts Cover Image

Клаузата „форсмажор“ в търговските договори
The “Force Majeure” Clause in Commercial Contracts

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

Summary/Abstract: Force majeure, the occurrence of which leads to impossibility to fulfill the contractual obligations, is a legal institute, which finds a specific regulation and application in Bulgarian contemporary commercial law. It is linked to the responsibility for failure to perform the contract - a matter that is always up to date and is of a scientific interest because of its significance to the contractual relationships. The purpose of this article is to clarify the term "force majeure" in the context of the force majeure clauses used in commercial contracts, to specify the role of the force majeure clause and to consider its content in the light of some controversial issues in legal theory and practice. The study provides a theoretical analysis of the above-mentioned concepts, the legal regulation, various theoretical opinions and court practice. On this basis, concrete conclusions and suggestions are outlined, relevant to the practice when applying the legal institute of force majeure.

  • Issue Year: 63/2019
  • Issue No: 1
  • Page Range: 40-52
  • Page Count: 13
  • Language: Bulgarian