The force majeure clause in the English law (An analytical comparative study with the Iraqi civil law)

Abstract

The force-majeure clause is considered as one of the contractual terms characterized by a great deal of flexibility in the English law. And although this clause is not a new one in this law, the English common law, which is based upon customs and judicial precedents of English courts, borrowed the wide concept of the force-majeure, determining the content and context of this clause from the French civil code. in order to treat the insufficiency vitiating the original common law concept of Act of God, which is restricted to the natural event. And does not encompass other frustrating events.which imparts this great deal of flexibility to this clause. And enables it to deal with different circumstances precluding the performance of contractual obligations. As well as mitigating the cruelty and rigidity of the doctine of frustration, deeply rooted in the English law, by various methods including the suspension of the contract, or the extension of the duration of the performance of the contractual obligations arising from it.or even the adjustment or variation of the contract. Whereas the Iraqi Civil law No. (40) of 1951 has not provided for this clause expressly, but regulated the restrictive clauses, which the force-majeure clause is regarded as one of their applications.