Force Majeure in Latvian and French law: harmonization and divergence between national laws and the influence of international legal frameworks

Abstract

There have been attempts at harmonising European Contract law, which have resulted in modern codifications of international Contract law frameworks. How do these attempts affect how countries apply them or use them to improve their own contract laws, specifically when it comes to regulating contracts in situations of force majeure? This thesis seeks to analyse the concept of force majeure in two civil law instruments, the Civil Law of Latvia and the Code Civil of France. It is incredibly important that contract laws of both domestic and international nature be pragmatic and foster balanced contractual relationships, otherwise, we risk unfair outcomes in situations where neither of the parties is to blame. There are considerable differences between how force majeure is regulated in Latvia and France, thus, the thesis will demonstrate how international legal frameworks help to foster a more coherent and modern understanding of regulating force majeure.