Suspension of Contractual Obligations Due to Force Majeure: An Analytical Study

Abstract

The force majeure effects are reflected on the entity and existence of the contract, as it affects one of its pillars, such as causing the destruction of the shop or the death of one of the contracting parties, in a way that makes it impossible for the contract to survive or to be executed, but this effect is not the inevitable result of the occurrence of force majeure, as the event can be In the form of temporary force majeure, which does not necessitate the impossibility of the final implementation of the contract, because there is a possibility of implementation in the future when the temporary force majeure ceases, and therefore it is preferable not to terminate the existence of the contract.
Accordingly, this requires that the contract remain a binding existence. If the force majeure causes the temporary impossibility of implementing the obligation, and this could be a reason for applying a legal system parallel to the provisions of force majeure in the civil law, except that it is the suspension of the implementation of contractual obligations, until the temporary force majeure ceases, because the provisions of force majeure are not from public order, and it is established This suspension refers to the parties' agreement to suspend the implementation of contractual obligations, or to grant one of the contracting parties the power to unilaterally suspend contractual obligations.