Under the epidemic, how to fulfill the contract, breach of what responsibility?

People Shanghai March 18 electrical (Tang Xiaoli) at a press conference held in Shanghai this afternoon, we have mentioned in the media whether force majeure there are different views on the new crown pneumonia epidemic, and therefore whether it should continue to fulfill the relevant contracts, how to bear breach of contract there are also differences. From a legal perspective, it should be how to identify and apply force majeure? Liu Ping, a Shanghai Bureau of Justice inspector said he also noticed, during the epidemic prevention and control, does have some different points of view, some companies that do not apply force majeure, to continue to fulfill the relevant contracts; there are some companies took the opposite view that Since it belongs to the very period, force majeure, it should be completely non-performance-related contracts.

"Strictly speaking, these two views are biased.

"Liu Ping introduced, according to" General Principles of Civil Law "and" Contract Law "force majeure refers to unforeseeable, unavoidable and insurmountable objective conditions of the new crown pneumonia outbreak as a public health emergency, severity, affected area are it can not be foreseen in advance, it is difficult to avoid and overcome the government to respond to new outbreaks of pneumonia crown, adopted a series of control measures according to the law, caused some impact on the normal production and business activities.

Earlier, the National People’s Congress Law Committee spokesman said the new crown pneumonia outbreak and epidemic prevention and control measures taken by the government, for the parties to the contract can not be fulfilled, it belongs to the unforeseeable, unavoidable and insurmountable force majeure.

According to the relevant provisions of the "Contract Law", due to force majeure is unable to perform the contract, according to the force majeure, in part or entirely exempted from liability, except as otherwise provided by law.

"It should be noted that, although in accordance with relevant laws and regulations, the new crown pneumonia outbreak can be recognized as a force majeure, but it does not mean that all of the contracts during the epidemic can not be fulfilled, but also to analyze specific issues.

"Liu Ping mentioned, where applicable, pay attention to the following three points: First, consider the degree of causality and influence.

There must be a direct causal link between the disease and is unable to perform the contract, and in conjunction with the specific circumstances of the case, according to the degree of impact of the epidemic on the performance of the contract is to identify partial or total exoneration. Second, focus on fair dealing and balance of interests.

Impact of the epidemic prevention and control measures due to the outbreak or the government and its relevant departments to take on, resulting in part or all of the contract is unable to perform or continue to perform have a significant impact on the interests of one of the parties shall be in accordance with the principles of fairness, honesty, etc., fair treatment balance the interests of both parties, a reasonable allocation of the share of responsibility of all parties, should not bear the losses caused by the outbreak caused by one party alone.

The third is to promote friendly consultations and tide over the crisis.

The epidemic was a contract both parties want to see, it can not be attributed to the fault of either one. They should establish a special period in the same boat, tide over the crisis of philosophy, advocated on a voluntary basis of equality, the principle of honesty and trustworthiness, responsibility-sharing, through friendly consultations to properly resolve the differences and conflicts of interest; negotiation fails, they may according to the law to find a solution (Editor: Tang Xiaoli, Han Qing) through legal channels litigation.