Force majeure in Romanian contract law
Force majeure is an external, unforeseeable, absolutely invincible and unavoidable event that exonerates the debtor from contractual liability.
Definition
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.
Frequently asked questions
It depends: you must prove it actually prevented performance in your specific case (official decrees, business closures).
Yes, as soon as possible. Failure to notify exposes you to liability for any additional loss caused by the silence.
Do you have a case in court?
Look up your case. On its page you choose how you want to follow it.