The Concept of Force Majeure in Commercial Contracts and its Interpretation during Pandemic in North Macedonia

Authors

DOI:

https://doi.org/10.46282/blr.2022.6.2.304

Keywords:

Pandemic law, Force majeure, Trade agreements, Law of obligations, UNIDROIT, North Macedonian law

Abstract

A pandemic, defined as an epidemic spread over larger regions, is of course not unknown in the world. There are several pandemics in history that have left a great impact on humanity. However, so far there has not been a pandemic of such proportions and consequences as the Covid-19 pandemic.. It literally paralysed life and led to unprecedented health, economic and political consequences on a global scale. As has been the case in every area, Covid-19 has also had a serious impact on legal systems. Many countries were not ready with appropriate legislation to deal with the pandemic in terms of implementing appropriate measures to help their citizens. Because of that, a large number of trade agreements were not realised or their realisation was made difficult. What was a serious problem in trade agreements that could not be realised and what is the subject of primary analysis in this paper is the concept of force majeure (vis major), its regulation and the question of whether the pandemic can be considered as a force majeure event. Uncertainty in the interpretation of outdated provisions or lack of appropriate provisions regulating force majeure in pandemic conditions has led to many citizens not being able to exercise their rights derived from contracts and thereby creating dysfunctionality in legal systems. In this paper, it is essential to review the force majeure clause, its concept, development and representation in different legal systems, by making a brief comparison between French law and English law and determining key regulations on an international level. At the same time, the main focus of research will be on the regulations in North Macedonia and the manner of regulating this concept of force majeure. It is also equally important to find the answer to the question of the role of legal systems, whether law as such will continue to exist in the same form and with the same content or whether we already are in the phase of creating the so-called pandemic law, i.e., whether the pandemic initiates a rearrangement of the concept of force majeure in trade agreements in North Macedonia, as well as everywhere in the world.

Author Biography

Nikola Dacev, International Balkan University

International Balkan University
Faculty of Law
Makedonsko-Kosovska Brigada
bb. 1000, Skopje
North Macedonia
n.dacev@ibu.edu.mk

References

McKendrick, E. (2013). Force Majeure and Frustration of Contract. New York: Informa Law from Routledge. DOI: https://doi.org/10.4324/9781315849089 DOI: https://doi.org/10.4324/9781315849089

Oughton, D. and Davies, M. (2000). Sourcebook on Contract Law. Second Edition. London: Cavendish Publishing.

Rojas, C. (2020). Black and White Swans: Pandemics, Prognostications, and Preparedness. In: Miller, J. (ed.), The Coronavirus Human, Social and Political Implications (pp. 61-68). Singapore: Palgrave Macmillan. DOI: https://doi.org/10.1007/978-981-15-9362-8 DOI: https://doi.org/10.1007/978-981-15-9362-8_7

Zuckerman, S. (2020). Public Health, Civil Liberties, and Life After the Pandemic. In: Knorr, L. and Matthews, B. (eds.), After the Pandemic Visions of Life Post Covid-19 (pp. 79-84). Mechanicsburg: Sunbury Press, Inc.

The Refined Sugar Association (2021). Rules and Regulations. Available at: https://sugarassociation.co.uk/documents/rsa%20rules/RSA%20Rules%20&%20Regulations%20effective%202%20March%202021.pdf (accessed on 20.11.2022).

International Chamber of Commerce (2020). ICC Force Majeure and Hardship Clauses. Available at: https://iccwbo.org/content/uploads/sites/3/2020/03/icc-forcemajeure-hardship-clauses-march2020.pdf (accessed on 20.11.2022).

UNIDROIT. The International Institute for the Unification of Private Law (2010). Available at: https://www.unidroit.org/english/principles/contracts/principles2010/integralversionprinciples2010-e.pdf (accessed on 20.11.2022).

UK, Lebeaupin v Richard Crispin & Co [1920] 2 K.B. 714 (18 June 1920).

Law on Bills of Exchange, Official Gazette of the Republic of Macedonia no. 3/2002, 67/2010, 145/2015.

Law on Contractual Pledge, "Official Gazette of the Republic of Macedonia" no. (5/2003, 4/2005, 87/2007, 51/2011, 74/2012, 115/2014, 98/2015, 215/2015, 61/2016.

Law on Obligatory Relations, "Official Gazette of the Republic of Macedonia" no. 18/2001, 78/2001, 4/2002, 59/2002, 5/2003, 84/2008, 81/2009, 161/2009, 123/2013, 215/2021.

Law on Tourist Activity, Official Gazette of the Republic of Macedonia no. 62/2004, 89/2008, 12/2009, 17/2011, 47/2011, 53/2011, 123/2012, 164/2013, 27/2014, 116/2015, 192/2015, 53/2016, 31/ 2020.

Decision to amend and supplement the decision on preventive recommendations, temporary measures, ordered measures, dedicated protocols, plans, and algorithms for action to protect the health of the population from the infectious disease covid-19 caused by the sars-cov-2 virus, the cases and the time period of their application on 23.03.2020, ("Official Gazette of the Republic of North Macedonia" no. 263/20, 269/20, 275/20, 287/20, 292/20, 298/20, 304/20, 306/20, 317/20, 13/21, 45/21, 53/21, 55/21, 58/21, 64/21, 65/21, 75/21, 87/21, 94/21, 100/21, 106/ 21, 109/21, 113/21, 116/21, 119/21, 126/21, 133/21, 139/21, 141/21, 146/21, 153/21, 162/21, 176/21, 187/21, 193/21, 199/21, 204/21, and 220/21).

Downloads

Published

30-12-2022

How to Cite

Dacev, N. (2022). The Concept of Force Majeure in Commercial Contracts and its Interpretation during Pandemic in North Macedonia. Bratislava Law Review, 6(2), 79–90. https://doi.org/10.46282/blr.2022.6.2.304

Issue

Section

Discussion Papers

Categories