The Application Of The Rule Of Force Majeure

The rule of force major has long existed in the regulation of civil liability. Both General Principles of the Civil Law of the People's Republic of China and Contract Law of the People's Republic of China make only the general provisions and abstract standard on this rule, which causes the impractibilty in the judicial work, and leads to too much possibility of free justice thereupon.Purporting to solve above porblems, this paper interprets the deep implication and explains the full contents of the rule of force major, and searchs for effective approachs to the abstract leagal provisions and specific cases, then conforms the practicable operating mode of this rule. Many proposals on legislation are made on this basis.Some basic knowledge is introduced from the point of leagal philosophy. And in discussing the relationship between force major and the rule of force major, different researching ends of civil law scholars are given. Afterthat, the writer also shows his studying attitude to this paper------theoretical analysis plus practical inspect. Comparing the rule of force major with those seemingly like rules, such as changing condition of contract in Continental Law and frustration of contract in Anglo-Ameracan Law, will bring us closer recognization on it. Samely the com- paring between risks (especially business risk ),accidents and force major can help us act correctly in the course.From the view of different leagal background, different legislating form of this rule are displaced, so that its important leagal function is expressed clearly.Because of undetailed provisions, it is very difficult to judge the force major. There are several kinds of opinions drawing back on subjective analyse and objective analysis, each has reasonableness in some degree. The writer holds that the judgement should be made on specific examination.The writer makes deep analysis on the range of force major, and try to differentiat specific kind of force major, in order to give basic directory in court decision.Many cases about contract and tort happened, which created many detailed check into force major for the judges, especially in the case of contract. We should cope prudently.