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The High Court of Cassation and Justice: Suspension of the execution of the guarantee of good execution on the path of the presidential ordinance is inadmissible
11 March 2020
12 March 2020
Since we are often faced with difficult situations that are not our business and we cannot overcome the effects that they produce, we want to make the notion of FORCE MAJEURE known to you from a legal perspective.
FORCE MAJEURE is an external, unpredictable, absolutely invincible and inevitable event, leading to the removal of the civil liability of the person who would normally be liable for the damage is caused by this event. In this case, the person to be answered must not be connected with the work/event which caused the damage, be inprescripable and be in absolute impossibility of preventing, defeating and avoiding the event in question.
For example, in the case of a service contract concluded between company A and company B, the parties have the obligation to execute their duties in a timely manner. Because of a movement restriction within the constituency of Company B’s seat, introduced on 10.03.2020 without prior notice and without a bypassing route, Company B was unable to provide the services assumed to Company A in the form of the transport of goods. Consequently, Company A incurred losses on 10.03.2020, but Company B will not be able to be held liable as the event is a case of FORCE MAJEURE.
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Ap. 16-17, 030829, București
Timișoara
Iulius Town Timișoara, UBC3,
Piața Consiliul Europei, nr. 2E, U3.E1.4, Județul Timiș
București
Bd. Unirii, Nr. 69, Bl. G2B, Et. 6,
Ap. 16-17, 030829, București
Timișoara
Iulius Town Timișoara, UBC3,
Piața Consiliul Europei, nr. 2E, U3.E1.4, Județul Timiș