Analysis of the Concept of Force Majeure in the Context of the PRC Civil Code

Abstract

There are eight articles in the PRC Civil Code concerning force majeure. In Article 180, the concept of force majeure is defined: force majeure is unforeseeable, unavoidable and insurmountable objective events. However, in past academic discussions and practice cases, the concept of force majeure was often used in the multi-layer meaning, which is very unfavorable to the unity of the legal order. Therefore, to be able to play a guiding role in the future of the trial, this paper will seriously analyze the concept of force majeure in the context of the PRC Civil Code.