Research on the Application of Force Majeure Rules in International Commercial Contracts

Abstract

This paper focuses on the application issues of force majeure rules in international commercial contracts, exploring the challenges and solutions in their practical implementation. Firstly, it systematically reviews the concept, characteristics, legislative models, and legal consequences of force majeure, comparing the relevant provisions in civil law systems, common law systems, and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Secondly, it delves into the main problems in the application of force majeure rules, including the criteria for identifying force majeure events, the distinction between force majeure and the doctrine of changed circumstances, the drafting and interpretation of force majeure clauses, and the conflicts and coordination of legal rules across different jurisdictions. Finally, the paper proposes recommendations for improving the application of force majeure rules, such as clarifying identification standards, standardizing clause drafting, and promoting the unification of rules, aiming to provide theoretical and practical guidance for the practice of international commercial contracts.