Force majeure in Romanian contract law

Force majeure in Romania

Article 1.351(2) of the Romanian Civil Code defines force majeure as any event that is external, unforeseeable, absolutely invincible and unavoidable. All four characteristics are cumulative. It differs from a fortuitous event (caz fortuit), which need only be unforeseeable and unavoidable by the specific debtor.

Force majeure exonerates the debtor from liability, suspends the obligation if the impossibility is temporary, or extinguishes it entirely if permanent. The debtor must promptly notify the creditor of the event. In practice, a force majeure certificate from the Romanian Chamber of Commerce is the main piece of evidence.