30 Mar 2020 19:03:
Yes, Force Majeure and Fortuitous Event concepts exist in Spain of course and they are applicable for Coronavirus sitautions in many cases. Ever case, as always in Law, is different though.
It also exists the principle I have explained to Anne in this thread called " Rebus Sic Stantibus", which means that a contract needs to be met if cicunstances keep beeing the same.
They are called by the legislator as "Unforeseeable and unavoidable events". Unpredictable and unavoidable events, exonerate the liability for breach of the obligation of the debtor (in the case of default, also of the creditor).
For this to operate, the event must meet the following requirements:
It must be a fact not attributable to the debtor.
It must suppose the fulfillment of an impossible act.
It must be unforeseen, or well planned but inevitable.
The fortuitous or inevitable event must be the cause and have as a consequence the breach of the obligation.
The and force majeure generally have the following effects:
They can cause total and final impossibility; freeing the debtor from the fulfillment of the obligation, although there are exceptions, such as (1) the case of generic obligations in which the exception of the fortuitous event and force majeure does not operate, since the generic thing can be replaced by another of the same gender, (2) and the exceptions provided for in Art. 1105, Civil Code, (3) the exceptions established in the law, (4) those agreed by the interested parties.
They can cause partial impossibility; the debtor is released only in the part that it is impossible to fulfill, but still bound by the part that can be carried out.
They can cause temporary impossibility; the debtor is released from the responsibility for default.
Thread:
Any legal questions related to Coronavirus situation in Spain?
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