Vyšší moc a hardship z pohledu českého exportéra dle CISG, českého a německého práva

Participation in international trade comes with specific risks, including broader exposure to unforeseen disruptions that can prevent or significantly (and negatively) impact contractual performance and amount to vis major or hardship situations. Given the Czech Republic’s strong export orientation, Czech businesses are particularly exposed to these risks. Ideally, vis major and hardship would be addressed contractually. However, the exporters may lack the leverage to negotiate fair risk allocation in such cases, making it essential to understand how vis major and hardship are regulated under the applicable law. This article examines the treatment of vis major and hardship under CISG, Czech law, and German law – the three of the most relevant and frequently used legal frameworks for Czech exporters. CISG subsumes both vis major and hardship under Article 79, excusing liability for breach of contract but lacking clarity on further performance or contract adaptation. Czech law follows the PICC template and distinguishes between the two: vis major results in contract termination, while hardship requires renegotiation and allows judicial intervention. German law follows a similar dual approach but prioritizes contract modification over termination and does not require renegotiation. Unlike Czech law and CISG, German law does not recognize vis major as a distinct legal doctrine. The article concludes that Czech law offers the most clear and adaptable framework for exporters, balancing contractual stability with legal mechanisms for adjustment.