Въпроси на непреодолимата сила във френското право
ISSUES OF VIS MAJOR UNDER FRENCH LAW

Author(s): Cyril Grimaldi
Subject(s): Law, Constitution, Jurisprudence, Comparative Law
Published by: Издателство „Сиби“
Keywords: contract; obligation; creditor; exercise of the right; impossibility; force majeure; execution; external reason; termination
Summary/Abstract: Under this title, with the consent of Prof. Cyril Grimaldi, two of his articles published at different times in the renowned digest Recueil Dalloz – La force majeure invoquée par le créancier dans l’impossibilité d’exercer son droit [Invocation of the force majeure by the creditor when he is unable to exercise his right] (2009) and La force majeure, source d’enrichissement? [Force majeure, a source of enrichment?] (2021) are included. The articles address the same question of force majeure – whether the creditor can invoke it and if he can benefit from its corresponding consequences. This allows them to be combined into one material, whereby the reader will be able to get a more complete and clearer idea of the problem. The development of jurisprudence in the period between the writing of the articles can also be traced. The current paper contains also Arrêt n°714 du 25 novembre 2020 (19–21.060) – Cour de cassation – Première chambre civile [Decision № 714 of 25 November 2020 of the French Court of Cassation], which is the reason for writing of the second article.

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