Regulations on issue of the certificate on confirmation of availability of force majeur circumstances

Approved by the Decision of executive bureau of Chamber of Commerce and Industry of the Republic of Moldova No. 16/4 of December 21, 2004

1. This provision is developed on the basis of the Law on Chamber of Commerce and Industry N 393-XIV of May 13, 1999 (The official monitor of the Republic of Moldova, 1999, N 73-77) and the Charter of Chamber of Commerce and Industry (The official monitor of the Republic of Moldova, 2002, N 144-145).

2. According to Item g) article 4 of the specified law and Item 11 of article 8 of the Charter the Chamber of Commerce and Industry establishes and confirms availability of force majeur circumstances in the relations between subjects of business activity.

3. This provision determines method of establishment of force majeur circumstances and procedure for issue of the certificate confirming availability of such circumstances in the territory of the Republic of Moldova which interfered with accomplishment of contractual commitments.

4. The concept "force majeur circumstances" is implied as the contingencies caused by such natural phenomena as earthquake, landslides, the fire, drought, hurricane, pouring rain, flood, frosts, snowfall, etc., or social circumstances, such as revolution, state of war, blockade, strike, import ban or export at the national level, epidemic, etc. The list of such phenomena and circumstances is not exhaustive.

5. Determination of circumstances as force majeur is performed by the following three criteria:

a) chrezvychaynost of circumstances;

b) unexpectedness of circumstances, impossibility to provide them in case of agreement signature;

c) objective unpredictability and insuperability of circumstances.

6. The circumstance can be acknowledged force majeur only if its availability objectively caused impossibility of accomplishment of contractual commitments or their inadequate accomplishment. The circumstances resulting in unprofitability of accomplishment of obligations cannot be recognized as force majeur.

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