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§ 56 ICA provides for two forms of impossibility of performance of contractual obligations – (a) an agreement on the impossibility of acting is a priori nullifying; (b) an action agreement in which the act becomes impossible as a result of the intervention of an event that the promise could not prevent at the stage of the occurrence of such an event. In the real estate sector, contracts governing the transfer and use of immovable property are generally contracts of sale, instruments of sale, contracts for development, rental, holidays and licences. The effects of the force majeure event are taken into account in some of the aforementioned contracts, as follows: most agreements contain clauses obliging the person suffering from a case of force majeure to inform the counterparty in writing within the prescribed time limits. In its office memorandum of 19 February 2020, the Ministry of Finance (“MoF”) interpreted the “force majeure clause” in the manual for the purchase of goods (“manual”) published by the MoF and considered that the notion of “natural disaster” in paragraph 9.7.7 of the manual could be interpreted as including the interruption of the supply chain due to the spread of the coronavirus. However, there has been no similar clarification from a government authority interpreting “other irresistible forces” in accordance with Section 108 of the TPA. For this reason, we may need to review the rules of legal interpretation in order to obtain assistance in interpreting this provision of the TPA. .

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Interview with Ezra Shihan – Part 1

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