Circumstances are unforeseen. Occurrence of unforeseen circumstances

When drafting an agreement, a special place is given to the concept of "force majeure", especially in commercial transactions. A clear understanding of this term will help to avoid penalty payments and penalties in the event that unforeseen circumstances developed, and the obligations taken by the executor were not met.

Acquaintance with the term

The very concept of "force majeure" comes from the French force majeure and translates as "an irresistible force." If you follow the legal description of the term, these events or circumstances are unforeseeable, irresistible, which do not depend on the will or influence of the parties to the treaty. They can not be foreseen, eliminated or prevented. When they come, one party that signs the contract brings a second loss. Due to unforeseen circumstances, the party that is responsible may partially or completely free from the fulfillment of the prescribed conditions.

Most often this term is more deeply described in the documents themselves, refined and detailed, so that there will be as few gaps and questions as possible afterwards. For example, what can be the circumstances: war, fire, earthquakes, blockades, embargoes. The more detailed descriptions of each item and the actions to which they lead, the more protected and confident each participant of the agreement will feel.

Legal nature

In the Russian legislation there is no concept of "force majeure", but we can say that it is represented by a different term - "circumstances of force majeure". In any case, these concepts are identical, and each of them carries a common meaning.

Although at the moment there are two groups of scientists who adhere to fundamentally different positions. Some believe that the two terms have different characteristics, while others do not see this difference.

In the absence of a fixed legislative act, it is not necessary to talk about the difference of concepts. After all, even from the point of view of studying the origin of words "force majeure" is translated as an irresistible force.

This clause of the contract helps to avoid payments in the event that there are unforeseen circumstances, and you can not overcome them. Then you are removed from responsibility for meeting the terms of the agreement.

Of course, most often obligations arise in commercial relationships, more than ninety percent. But there are other options:

• Creation of literary works, inventions and any intellectual property;

• Causing material or moral harm;

• Legal facts that continue to apply civil rights and obligations.

Force majeure in commercial relations

It should be understood that force majeure does not have any specific, pre-established characteristics. Therefore, the emergence of unforeseen circumstances will have to be proved.

That is, that side of commercial relations, which refers to force majeure, must prove that in this case it could not influence the course of events in any way. And that it is for this case that circumstances are insurmountable.

In the legislative acts there is no clear definition of what is force majeure, there is only a general description of the term and norms that reveal the concept in different spheres: taxes, customs. Thus, many questions remain open.

Because of this, in commercial relations there can be additional difficulties if it is necessary to resolve the situation related to force majeure.

The only way out is a more thorough description of the conditions for the occurrence of such circumstances and the options for action to which they can lead. The legal basis for this is the fixed principle of freedom of contract formation.

Payment of taxes and force majeure

In the tax code this concept is considered as a possible basis for exemption from liability for violation of tax legislation. In addition, force majeure can be the reason for a complete tax exemption.

If there are unforeseen circumstances, for their confirmation it is necessary to obtain a special certificate of the Chamber of Commerce and Industry. The director of the company or the head must sign the application and attach some documents:

• Notarized copy of the contract. It is necessary that it already contains points on force majeure, specify its types and consequences.

• Copies of the detailed description of works.

• References on the amounts that are executed under the contract at the moment of occurrence of unforeseen situations.

• Documents confirming the onset of force majeure (from competent authorities, at least two).

English law

Many companies cooperate with foreign producers, suppliers and firms. But when drafting contracts, one should take into account the legislation of each country. For example, in Great Britain force majeure is present only as a contractual condition. It is necessary to strictly prescribe and stipulate each item to protect itself from unforeseen events.

If such an item is missing in the documents, the doctrine of "futility" or frustration comes into force. Let us explain: if there are legal, material or physical circumstances unforeseen and insurmountable, which deprive the transaction of its original purpose.

An example of such cases may be loss of cargo (fire, theft), which occurred not through the fault of one of the parties.

It is worth noting that this law is not always beneficial. In case of recognition of the futility of the contract, it completely loses any legal force. Both parties are exempt from the conditions. And then no one can claim the payment of penalties and compensation.

Keep your hand on the pulse

Avoidance of force majeure circumstances is impossible, then they are unforeseen. However, in order not to spoil your own image, you must always be ready for decisive action. The first, and one of the main rules that must be met in case of unforeseen circumstances, is always to be in touch.

Even if it so happens that for a while you can not contact fully with the other party, at the first opportunity it is necessary to report what happened. First, perhaps, not everything is lost and you will be allowed to back away from the deadlines or some other conditions. Secondly, silence will only spoil the reputation. Being completely ignorant, the second side can imagine all the worst scenarios.

Communications

The modern world has given us tremendous opportunities, including in the sphere of communications. A person who says that he could not call or write, or is too stupid, or incompetent, or simply finds excuses.

How to contact the other party:

• phone;

• E-mail;

• social networks.

At the first stages of the transaction it is necessary to take care of alternative ways of communication. Usually, business people have a lot of options for communication: several phones, mail addresses, secretarial data. In this case, you should not exclude personal pages in social networks, in connection with unforeseen circumstances, even they can help you out.

Time frame

Quite often, force majeure affects precisely the deadline for fulfilling commitments. In this regard, special attention should be paid to time management. There is an unspoken rule of performers - to increase the time. If you know that you will cope with the task for a week, increase this period by half, that is, specify one and a half weeks. Such a stock will allow you to insure yourself in case of force majeure.

Regular drawing up of work plans, control, step-by-step actions will help to avoid a lot of problems.

Advance planning of unforeseen circumstances that may arise will allow both sides of the transaction to secure themselves and save finances.