argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: U.K. - force majeure and frustration - emergenza sanitaria Covid – 19

Globally, all businesses are facing numerous difficulties following the outbreak of the COVID-19 pandemic. One of these concerns the impact that the spread of coronavirus will have on the fulfillment of commercial contracts. One wonders if and to what extent the predictions on force majeure in the English legal system or the English common law doctrine of “frustration” can be used in this context. In the English legal system, the definition of force majeure is not contained in any legislation and cannot be considered as an implicit term in a contract (unlike what happens in many European civil law systems). The “frustration” doctrine is a concept foreseen by the English common law doctrine, which finds application when a significant change in circumstances makes the execution of the contract radically different from that initially agreed. The consequences of the occurrence of a valid force majeure event typically include an extension of the terms for the fulfillment of contractual obligations or the suspension of contractual performance. Some provisions allow the termination of the contract. The frustration of a contract, on the other hand, translates into the termination of the entire contract.
This is an option that can only be traveled in the absence of a force majeure clause. Following the current emergency, companies will have to review all their contracts in order to assess the convenience of consulting with counterparties to reach any agreements on a possible renegotiation or deferral of the fulfillment of contractual obligations.