THE IMPOSSIBILITY OF FULFILLMENT OF THE CONTRACTS DUE TO FORCE MAJEURE

Abstract

Abstract
The situation caused by the global pandemic reflected various changes in social relations
on a global scale. The contractual relations and their fulfillment by the contracting parties
were not immune to such numerous changes. The impossibility of fulfillment imposed by
an external factor, ie force majeure affects the entire course of the contractual relationship,
from its occurrence, through its realization, ie duration until its termination. The impossibility
of fulfillment can be complete and partial; initial or additional impossibility; objective or
subjective. The higher power is an institute that has its roots in Roman law, and which through
specific legal provisions is applied in modern legal systems. Force majeure is any natural event
or human action, which could not have been predicted or prevented, and due to which damage
was caused, by the fact that human action could not be attributed as the fault of the person, to
whom otherwise responsibility would fall. For the impossibility of fulfillment to be subjected
to force majeure, several conditions need to be met. This paper will also elaborate on the legal
consequences that arise for the contracting parties, but also for the obligation itself due to the
objective inability to fulfill the contract. Contractual relations and their consistent fulfillment
have a direct impact on the day-to-day relations between the subjects of law. That is why the
topic of the impossibility of their fulfillment due to force majeure deserves to be considered
in more detail given the new social relations on a global scale.