1) The Notion of Force Majeure and Monetary Compensation: How
Force Majeure Is Intended By National Laws? Can the Covid-19
Emergency Be Included In Such a Notion?
According to Article 401 of the RCC, unless otherwise provided
by law or the contract, a person shall not be liable for
non-performance or undue performance of its obligations assumed in
the course of its entrepreneurial activities, if the performance of
these obligations is impossible due to an "irresistible
force," i.e. an extraordinary and unavoidable event in the
given circumstances (also known in practice as the "force
majeure"). Such circumstances do not include, in particular, a
breach of obligations on the side of the debtor's
counterparties, the absence of goods on the market necessary for
execution (e.g. supply), or the lack of necessary monetary funds
(Article 401 (3) of the Russian Civil Code).
