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 Adidas Porsche Design Bounce S

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帖子主题: Adidas Porsche Design Bounce S   Adidas Porsche Design Bounce S Icon_minitime周六 十二月 08, 2012 2:22 am

Doc Hello, force majeure that our country "the general principles of the civil law" 153 and "contract law" provisions of the second paragraph of Article 117, the force majeure means unforeseeable, unavoidable and insurmountable objective conditions.A case of whether or not a force majeure, from the following aspects should be recognized: 1, unpredictable.Legal requirements constitute force majeure events must be relevant to the parties in the contract, this event will happen is impossible to foresee.Under normal circumstances, the general contract party, judge can not foresee the occurrence of an event with two different standards: one is the objective standard, is in some specific cases, the general reason of normal people can foresee, the parties to the contract should know; if the event foresee the need to http://www.adidasjeremyscottc.com/ have some specialized knowledge, so long as has the professional knowledge of the normal level of people who can foresee, the parties to a contract should foresee.Another standard is a subjective standard, is in some specific cases, according to the behavior of the subjective conditions such as age, intelligence development status, level of knowledge, education and technology ability to judge if the parties to a contract should foresee.These two kinds of standards, can be used alone, but in many cases should be combined with the use of.In 2, the inevitable.After a contract becomes effective, the parties may appear on the accident despite prompt and reasonable measures, but objectively and can prevent the accidents from happening, this is inevitable.If the occurrence of an event can be completely through the timely and reasonable as to avoid, the event can not be considered as force majeure.3, not to be overcome.Can not be overcome is that the parties to a contract for the accident of a certain event caused the loss that cannot be overcome.If a certain event consequences can be by the parties to be overcome, then the event is not an event of Adidas Porsche Design force majeure.In 4, during the performance of.To a specific contract terms, constitute a force majeure event must be on the contract, termination of previous contract, which occur during the period of the.If an event occurs in the contract before or after discharge, or in a side discharge delay and with the consent of the other party, cannot form the contract force majeure events.Constitute a contract of the event of force majeure, must Adidas Porsche Design Bounce S have the above four elements, are indispensable.In two, the force majeure classification which events of force majeure, our Adidas Porsche Design Bounce S2 country law did not make specific provisions of the enumerated type.Theory of the sector will be divided into three categories: (1) the natural disasters.Along with the social progress in science and technology, human beings gradually increase the natural disasters (such as the ability to foresee predict earthquakes, typhoons), but, being still cannot resist it.But in real life, natural disasters seriously influence people's life and production, hindering the performance of the contract.(2) the government behavior.The parties to the contract are often very difficult to foresee the government's policy, legal or administrative measures changes, if the parties in the contract, the government issued new policies, laws or adopt new administrative measure, led to the contract is unable to perform, shall be exempt from the debtor does not fulfil the contract responsibility.
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