The Concept of Force Majeure and its Implications for the Implementation of the Contract: A Comparative Study in Light of Amendment No. 131-2016 of the French Civil Code
Dr. Hozan Abdulmosen Abdullah
Title and university
In this research, we dealt with the issue of force majeure in contractual matters, in accordance with Decree Law No. (131-2016) in 2016 issued by the French legislator to address deficiencies in the contract when the force majeure accident occurred, in Article (1218) of the Civil Code, where the French legislator put Force Majeure has a new concept, conditions, and effects that, through the debtor, can get rid of contractual responsibility and consequently from compensation. Previously, the legislator was based on the abrogated articles (1147-1148) of the Civil Law, but with a different concept and conditions that were the subject of controversy between jurisprudence and the judiciary. On the other hand, the Iraqi legislator was affected by the Islamic jurisprudence (Hanafi) in dealing with force majeure in contractual matters, in Article (547-168-425) of the Iraqi Civil Law, as well as influenced by the French jurisprudence in terms of conditions of force majeure (such as a sudden accident, and force majeure).
Keywords: French Civil law, Force majeure, Contractual Responsibility, Irresistibility, Unforeseeability, Externality, Hanafi Fiqh, Iraqi Civil Law.