‘Force Majeure' Under Maltese Law : COVID-19

With the current COVID-19 pandemic in everyone's mind, it is without question that its effect is also felt in the legal world, especially regarding certain provisions such as that of force majeure. Typically, this provision is included as a means to excuse the performance of a contract on the basis of a defined set of circumstances, which usually would include but is not limited to wars, acts of God, floods etc. Given that the pandemic has in some way or another affected everyone, parties should consider whether their contracts have a force majeure provision and see whether the outbreak falls within the protection that is offered by the relevant clause.

What is force majeure?

Under Maltese Law, there is no proper definition of force majeure, unlike in other countries such as the Netherlands, where force majeure is defined under Article 6:75 of the Dutch Civil Code, wherein it is stipulated that non-performance of a contract cannot be attributed to the debtor if he