Fortuitous events and force majeure in times of pandemic

Abstract

This article is a study on the figure of the fortuitous case and force majeure and their possible application as a consequence of the appearance of COVID-19. First, a brief historical introduction is given on the origin and main characteristics of the concept of fortuitous case. Subsequently, we analyze the unpredictability, irresistibility, and absence of fault as the three requirements that must be presented in order to be able to allege its existence. The article also examines the legal effects of the fortuitous event on contracts and, by way of conclusion, attempts to answer whether this legal institution is suitable for resolving the legal disputes that will arise in the world of contract law as a result of the pandemic.