A Comparative Study on Force Majeure due to Pandemics in International Commerce: Focusing on Provisions and Case Law of Major Countries in the Civil Law System and Common Law System

Purpose : The purpose of this study is to compare and analyze the provisions and case law of the Civil Law system and Common Law system related to force majeure due to pandemics in international commercial contracts and presents the differences between the legal systems. Research design, data and methodology : The research method is to compare and analyze the legal provisions and precedents of major civil law countries and common law countries on force majeure. Results : According to the research results, there are some differences between the civil law system and the common law system in the provisions on force majeure due to pandemic. Conclusions : Through this study, it is clear that the governing law and force majeure clause should be clearly stated when concluding a contract between parties in international commerce to ensure immunity from breach of contract.