Operation of the force majeure clause and the coronavirus emergency
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Many Italian and foreign companies are already suffering the consequences of the diffusion of Covid-19, which has led to the adoption by the competent authorities of urgent measures to contain the risk of infection, which have caused irregularities and, in some cases, even the total suspension of the companies’ operations. This scenario – which has now become worldwide – increases the risk of failure to perform the obligations contractually assumed by economic operators residing in the countries to which the urgent measures are addressed.
The relevance of the argument and the impact that such measures may have on the commercial contracts require the operators to determine whether the company is liable for any such breach or whether it can be released from liability by virtue of the operation of the force majeure clause. The answer to this question implies a careful analysis of the concepts of exemption from liability for breach of contract both in Italian law and at international level.
- Download the circular (in Italian) (PDF, 0 bytes)