Disasters and Their Impact on the Performance of Contractual Obligations: A Comparative Study

Abstract

The article is about the impact of disasters on contractual obligations. These disasters are part of the concept of force majeure when force majeure conditions are met and implementation of the obligation becomes permanently or temporarily impossible because of those conditions. Thus, recognizing the debtor's responsibility for failure to perform contractual obligations or delay in their performance differs due to the following legislation, while disasters fall within the concept of an emergency circumstance when the conditions of an emergency are met, and the implementation of the obligation becomes burdensome for the debtor.

Methods of dealing with that fatigue differ according to the legal system followed, and the different addressing methods of disasters may have a positive impact, as it is possible to take advantage of the features of some laws to fill the shortfall in other ones.