The Doctrines Of Rebus Sic Stantibus And Force Majeure In Implementation Of The Agreement

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Ahmad Fauzi , Asril Sitompul

Résumé

For a long time, legal experts, legislators and judges from various legal systems have tried to develop ideas to determine the justification for when and under what circumstances the implementation of an agreement can be postponed or canceled due to coercive circumstances or an unexpected change in circumstances, which is an external factor and is not caused by the fault of the two parties to an agreed agreement. This paper is written with a descriptive analysis model because it is intended to provide data as accurately as possible about the nature of legal relationships and circumstances in carrying out an agreement. This paper is juridical normative, therefore what will be studied is secondary data that analyzed qualitatively in order to be easily understood. Every legal system seeks to provide answers in the face of unexpected changes in circumstances during the implementation period of the agreement. In France, with a civil law system, the occurrence of a compelling and unforeseen situation that makes the implementation of the agreement impossible is called Force Majeure. The Netherlands has a legal system known as the "Overmacht." The UK has a legal concept "Frustration of Contract." German jurists developed the legal concept of “Unmoeglichkeit (impossibility) in Buergerliches Gesetzbuch. The United States with the Common Law legal system developed the legal concept of "Supervening Impracticability. In Indonesia, the application of law regarding an “overmacht” incident in an agreement is legally permissible, in accordance with the principles contained in article 1338 of the Civil Code.

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