What Is Force Majeure? Know Understanding, Terms And Types

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YOGYAKARTA Have you heard the term force majeure or majeure condition? Force majeure is a condition where debtors cannot fulfill their obligations because they are in a state of urgency. In the force majeure clause, the debtor will be given leeway in fulfilling his obligations based on the agreement after the event. The following is a complete explanation of what force majeure is and the conditions that must be met to get concessions from creditors.

Summarized from various sources, Monday, July 7, 2023, force majeure is a state of forced (overmatch) which causes debtors to not be able to carry out their obligations to creditors due to incidents outside their control.

For example, natural disasters such as earthquakes, epidemics that have become pandemics or epidemics, wars, riots, and so on.

In general, a number of events that can be classified in force majeure when they occur unexpectedly, outside the power of the relevant parties, cannot be avoided.

Generally, the force majeure clause is almost always in every agreement contract between the two parties.

Force majeure can also be used as an excuse to free debtors from the obligation to pay penalties on the basis of default stated by creditors.

Force Majeure Requirements

Rules regarding force majeure in Indonesia can be found in Article 1244 and Article 1245 of the Civil Code (KUHPer).

Article 1244 of the Civil Code states that credit recipients (debtors) must be punished to compensate for costs, losses and interest if they are unable to prove that the agreement was not implemented or it was not precise that the time in carrying out the agreement was caused by something unexpected, which could not be held accountable to him even though there was no bad faith in him.

Meanwhile, Article 1245 of the Civil Code states that there is no compensation for loss and interest costs if due to coercive circumstances or because of the incident by chance, debtors are prevented from giving or doing something that is obligatory, or committing an act that is prohibited for them.

Referring to the article above, there are several conditions that cause a macaque state, including:

Type-Types Force Majeure

As mentioned above, force majeure occurs because there are conditions beyond predictions and human power so that they cannot be prevented. Well, force majeure is divided into several types, including:

That's the information about what force majeure is. Hopefully this article can add insight to the loyal readers of VOI.ID.