Force majeure in international sales law a threat to the principle of pacta sunt servanda?

Abstract

The thesis discusses the problem of weakly drafted contracts that results in international disputes, consequently, parties try to invoke force majuere as a defense concerning Article 79 (1) of the CISG. In the thesis, it is assumed that easy applicability of force majaure as an exemption principle from the contractual liabilities under Article 79 (1) of the CISG poses a threat to the legally binding nature of contracts (the ancient Roman maxim “pacta sunt servanda”). The purpose of the thesis is to test the strength of the pacta sunt servanda principle in a line with Article 79 (1) of the CISG when a party relies on the force majeure clause and whether the existence of force majeure event alone is enough to exclude from the liabilities. The thesis outcome through the doctrinal research method including historical and comparative elements of research finds that force majeure in line with Article 79 (1) of the CISG does not undermine the principle pacta sunt servanda.