Approval of the case of force majeure
Force majeure , as a relatively general definition , refers to an external event beyond the control of any person involved in the legal report, occurring after the birth of obligation, unpredictable and insurmountable, which makes the execution of the obligations impossible and removes the liability of the debtor to the creditor. It should be noted , from the beginning, that force majeure is not necessarily stated to be invoked in a legal relationship. Therefore, force majeure is not permissible due to any text, but because of its situation between the general legal institutions, founded on principles generally accepted in all legal systems. The occurrence of force majeure and therefore its invocation can produce two significant effects are generally accepted:
- Firstly – the most visible effect : the liability exemption, the removal (temporary) of the liability obligation, a debt that has not been done or has been done late, due to force majeure;
- Secondly, the effect of suspending the legal relationship and obligations that was delayed or thwarted by the extraordinary event that signifies force majeure.
To be perceived correctly , the notion of force majeure have examples that are traditionally associated with ” dowry ” of the concept . So, the following are considered force majeure: war, earthquakes, floods, fires, revolutions and others. But not all of these events are without distinction, force majeure , only those which are extraordinary, i.e. both unpredictable and insurmountable that make execution of the obligations analyzed impossible.
Prahova Chamber of Commerce and Industry Prahova is empowered on the legal basis to issue , on request , based on duly justified documents attesting the case of force majeure.
Documents required to issue the Force Majeure:
- Application for the issuance of the notice of force majeure (formular);
- Copy of contracts with partners affected by the failure of contractual obligations by the applicant, which includes the force majeure clause;
- Documents / Addresses issued by state or local authorities, outlining the occurence and record of the situation / event of force majeure: Inspectorate for Emergency Situations, Town Halls, ANM etc. (depending on the force majeure defendant);
- Documents / addresses which provides a presentation of the force majeure situation , the time of production and effects;
- Photographic boards / records of the effects of the situation / event.
Based on these documents, Prahova Chamber of Commerce and Industry issues notice of force majeure.