Proceedings of the International Seminar on Border Region (INTSOB 2023)

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Impact of Covid-19 on the Principle of Force Majeure in A Cross-Border Contract

Authors
Yova Tri Arunasari1, *, Veronica Maria Refinatitianna1, Ira Fitriani1, Mariam Pratama1
1Universitas Pasundan, Bandung, Indonesia
*Corresponding author. Email: yovaniqab@gmail.com
Corresponding Author
Yova Tri Arunasari
Available Online 17 February 2024.
DOI
10.2991/978-2-38476-208-8_31How to use a DOI?
Keywords
Cross Border Contract; Covid-19; Force Majeure; Hardship
Abstract

The Covid-19 pandemic has caused a decline in the economy of most of the world community. As a result, many parties must appropriately perform their obligations in their agreements. This situation has led to the idea of implementing the force majeure clause in the contract based on the Covid-19 pandemic situation. There are many arguments about whether this pandemic is automatically the basis for force majeure. In addition, there is also the thought of mixing the hardship criteria in the force majeure clause in a contract. The research method used is primary and secondary data. From the research results, it is formulated that the rebus sic stantibus principle can be used as a basis for canceling or delaying a consideration in a cross-border contract, and the solution for regarding the fulfillment of consideration during the Covid-19 pandemic is to renegotiate the contract.

Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Seminar on Border Region (INTSOB 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
17 February 2024
ISBN
978-2-38476-208-8
ISSN
2352-5398
DOI
10.2991/978-2-38476-208-8_31How to use a DOI?
Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Yova Tri Arunasari
AU  - Veronica Maria Refinatitianna
AU  - Ira Fitriani
AU  - Mariam Pratama
PY  - 2024
DA  - 2024/02/17
TI  - Impact of Covid-19 on the Principle of Force Majeure in A Cross-Border Contract
BT  - Proceedings of the International Seminar on Border Region (INTSOB 2023)
PB  - Atlantis Press
SP  - 278
EP  - 286
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-208-8_31
DO  - 10.2991/978-2-38476-208-8_31
ID  - Arunasari2024
ER  -