Force Majeure Notices in Argeș County

The Argeș Chamber of Commerce, Industry, and Agriculture (CCIA Argeș) is authorized by Law 335/2007 – the Law on Chambers of Commerce in Romania – to issue notices of force majeure at the written request of interested parties.

A force majeure notice exempts the party invoking the force majeure event from liability, provided that the event is caused by circumstances beyond the party's control, the party is not at fault, and the event could not have been avoided. The condition is that the party invoking force majeure must notify its partner about the force majeure event and subsequently present the notice issued by CCIA Argeș.

Force majeure signifies an external, unforeseeable, and insurmountable event, independent of the will of any person involved in the legal relationship, that occurs after the obligation arises, makes the performance of the obligation impossible, and removes the debtor's liability to the creditor. It must be stated from the outset that force majeure does not need to be expressly stipulated to be invoked in a legal relationship.

 Examples of Force Majeure Events

Among the events generating force majeure, we list, by way of example and without limitation, the following: natural disasters, extreme weather phenomena, floods, droughts, hail, heavy snowfall, strikes, riots, states of necessity, embargoes, closure of maritime and river ports, restriction of traffic and navigation.

Effects of Force Majeure

The occurrence of a force majeure event, and thus the possibility of invoking it, produces two significant, generally accepted effects:

• Exoneration from Liability: The most visible effect is the exemption from liability, the (temporary) removal of responsibility for the subject who had an obligation or debt that could not be fulfilled or was fulfilled late due to the force majeure event.
• Suspension of the Legal Relationship: The affected legal relationship is suspended, including the obligation that was delayed or thwarted by the extraordinary event constituting force majeure.

Required Documents for Issuing a Force Majeure Notice

The notice of existence of a force majeure event is issued based on supporting documents submitted exclusively by the applicant; the principle of adversarial procedure does not apply.

The notice of existence of a force majeure event is issued specifically for each affected contract (a "general" notice is not issued!).

The documents submitted in support of the Application for the endorsement of a force majeure event will include at least the following:

• Request for the issuance of the force majeure notice.
• Copy of the contract with the partner affected by the applicant's non-fulfillment of contractual obligations, in which the force majeure clause is stipulated.
• Documents/addresses issued by local or national authorities confirming the occurrence and registration of the force majeure situation/event: Inspectorate for Emergency Situations, City Halls, National Meteorological Administration, etc. (depending on the type of force majeure claimed).
• Other documents/addresses containing a description of the force majeure situation, the period of its occurrence, its effects, and the causal link between the invoked event and the impossibility of fulfilling the assumed contractual obligations (as applicable).
• Photographic plates/recordings regarding the effects of the situation/event.
• Notifications sent to the contractual partner regarding the occurrence of the invoked event and its effects on the conduct of contractual operations.
• Documents proving the causal link between the invoked force majeure event and the impossibility of the invoking party to fulfill its obligations.
• Other useful documents supporting the request.
• Declaration by which the applicant assumes full responsibility, including criminal liability, for the veracity of the data and documents presented with the request addressed to CCIA Argeș for the endorsement of the force majeure event.
• Copy of the Unique Identification Code (CUI).

Important Information

• Documents must be presented in original or certified copy.
• The applicant assumes full responsibility, including criminal liability, for the veracity of the data and documents presented with the request addressed to the Argeș Chamber of Commerce, Industry, and Agriculture for the endorsement of the force majeure event.
• Only if the documentation is found to be compliant and complete will the existence of the force majeure case be analyzed.
• The resolution period is 15 days from the date of submission of complete documentation and payment of the service fee.
• Based on these documents, the Argeș Chamber of Commerce, Industry, and Agriculture issues the NOTICE of the existence of the force majeure event.

The Argeș Chamber of Commerce, Industry, and Agriculture has exclusive competence to endorse force majeure cases that have occurred within Argeș County.