Coronavirus and Force Majeure – Impact on International Trade Contracts
Coronavirus and Force Majeure – Impact on International Trade Contracts

Summary/Abstract: The SARS-CoV-2 pandemic and the measures taken by the governments in all the countries of the world for limiting the COVID-19 virus effect on the human health have continued to have a significant impact also on the international trade. A number of states, including Romania, have adopted a series of regulations and mandatory measures designed to prevent the spread of the virus. From a legal perspective, these measures give rise to many problems and controversies. The legal implications of the pandemic and the measures applied to control the virus inevitably depend on the competent jurisdiction, on the applicable law, but also on the way in which the parties themselves understood to regulate or to adapt their contractual relations, in the given context. At this time it is important that counterparties carefully assess and analyze the agreements concluded, in order to identify their rights, obligations and liability, and therefore, to adopt the best partnership behavior. In particular, the parties should be aware of any type of communication obligations and they should ensure that these obligations are fulfilled, especially those relating to the "force majeure" clauses.

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