Force Majeure in International Law explained | Lex Animata





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Published on Sep 11, 2015

Animation lecture about the Force Majeure in International Law.
By Hesham Elrafei

Force majeure has a long history since the Roman law, as part of the principle that possibility is the limit of all obligations, (ad impossibilia nemo tenetur), meaning that no one is expected to perform the impossible.

The concept has been applied in all legal systems , in most fields of the law and in both domestic and international law, as a shield to invoke responsibility, when an unforeseen event beyond the control of the parties, makes it impossible to perform the obligation.

This lack of free will to act , requires the presence of 3 elements , in order to successfully invoke a situation of force majeure:

Irresistibility, unpredictability, and externality.


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