Since Roman law, with its principle of ad impossibilia nemo tenetur, force majeure has been a classic cause of exoneration from responsibility in most domestic legal systems. Recognized as a general principle of law by the Court of Justice of the European Community,1 force majeure occupies an important place in the field of international commerce and State contracts.2 In the framework of its work on the law of treaties the ILC had already addressed the question of force majeure. Underlining the relationship between the notion of impossibility of performance and...
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