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297 FORCE MAJEURE AND IMPOSSIBILITY OF PERFORMANCE IN ARAB CONTRACT LAW Adnan Amkhan* ad impossibilia nemo tenetur INTRODUCTION The fulfilment of a contractual undertaking may be hindered or permanently frus- trated either by the direct failure of one of the contracting parties to honour his promise (breach), or as a result of events or occurrences for which none of the contracting parties is responsible. A legal concept which deals with events of the latter kind is force majeure. Force majeure has been defined as "circumstances outside one's control".' Others refer to it as signifying "superior force".2 As a modern legal doctrine, the term was first adopted by the French Civil Code of 1804.3 Today, force majeure is a legal term of art which is familiar in one form or another to courts and lawyers of various legal jurisdictions, particularly in areas involving transnational commercial transactions.4 4 Comparatively speaking, the civil law doctrine of force majeure is not found in the general English common law. Although the term does tend to occur in certain con- tracts governed by common law, its recognition and application has been limited to instances where contracting parties have expressly agreed on its application to
Arab Law Quarterly – Brill
Published: Jan 1, 1991
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