The Consequences of the Covid-19 Pandemia on the Performance of Contracts: Short Comparison between China, French and Romanian Civil Law

Author:Radu Stancu
Position:Senior Lector, PhD, Danubius University of Galati, Romania
Pages:13-22
ISSN: 2067 9211 Legal Sciences in the New Millennium
13
The Consequences of the Covid-19 Pandemia on the Performance of Contracts:
Short Comparison between China, French and Romanian Civil Law
Radu Stancu1
Abstract: The purpose of this article is to present the way in which the COVID-19 pandemic influ ences the
execution of civil contracts and which is the legal framework that regulates this exceptional situation. The study
wants a comparative analysis between Chinese Civil Law, French Civil Law and Romanian Civil Law all from
the point of view of the applicable norms and the jurisprudence.
Keywords: civil law; force majeure; unpredictable performance of the contract; civil liability; COVID-19;
Chinese Civil Law; French Civil Law and Romanian Civil Law
1. Introduction
The present material aims to present, in a general way, the effects of the exceptional normative acts that
have as their object the limitation and combating of the COVID-19 virus (or SARS-CoV-2) on the
execution of the contracts in the following positive rights: Chinese Law, French Law and Romanian
Law.
Starting with the end of December 2019, humanity is facing an extremely difficult situation caused by
the COVID-19 virus.
On January 30, 2020, the Directorate General of the World Health Organization (WHO) announces that
the COVID-19 virus “constitutes an international public health emergency2, and on March 12, 2020,
Dr. Hans Henri P. Kluge, Director WHO regional for Europe, declares that the COVID-19 outbreak is
a pandemic and Europe is the center of this pandemic3.
In this international context of major importance, on March 16, 2020, the President of Romania, Klaus
Iohannis, signs the decree establishing the state of emergency throughout the Romanian national
territory4.
1 Senior Lector, PhD, Danubius University of Galati, Romania, Address: 3 Blvd. Galati, Romania, Tel.: + 0372 361102,
Corresponding author: radu.stancu@univ-danubius.ro.
2 https://www.who.int/news-room/detail/27-02-2020-a-joint-statement-on-tourism-and-covid-19---unwto-and-who-call-for-
responsibility-and-coordination.
3 http://www.euro.who.int/en/health-topics/health-emergencies/coronavirus-covid-19/news/news/2020/3/who-announces-
covid-19-outbreak-a-pandemic.
4 https://www.presidency.ro/ro/media/decret-semnat-de-presedintele-romaniei-domnul-klaus-iohannis-privind-instituirea-
starii-de-urgenta-pe-teritoriul-romaniei.

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