Civilistic science knows two approaches to distinguishing between such concepts as subjective case and force majeure. AT civil law it perhaps due to a position put forward in 1949. In accordance with it, the incident and the fault are in the field of necessary causality. Moreover, what is an irresistible force lies in a series of accidents. Some researchers believed that the distinction between the above concepts should not be carried out in accordance with the nature of the causal relationship. Force majeure in civil law should be seen as a factor endowed with properties such as inevitability and extremeness. 
Modern approach
Most authors today are of the opinion that force majeure in civil law is such a factor that it is impossible not only to foresee, but also impossible to prevent by any means available to a person. This is not possible even when the person may suspect the consequences. This provision was first enshrined in the Soviet, and then the Russian Civil Code.
Force Majeure: Definition
In the 1991 Fundamentals, a legal concept was enshrined. Force majeure was defined as unavoidable and extraordinary circumstances in specific conditions. These, in particular, included natural disasters, military operations and so on. However, these factors did not include breach of obligation on the part of the debtor’s counterparty or lack of goods necessary to fulfill the requirements on the market. In modern industry regulations, force majeure circumstances are also enshrined. The Civil Code of the Russian Federation does not include, among other things, the lack of necessary funds from the debtor.
general characteristics
Considering the issue in more detail, it should be said that the concept of "force majeure" of the Civil Code of the Russian Federation includes:
- Natural disasters. This category, in particular, includes snowdrifts, storms, hurricanes, floods, earthquakes, tornadoes and so on.
- Community events. These include orders of authorized authorities forbidding to carry out actions that are provided for by the obligation, strikes, military operations and others.
Specificity
For a particular circumstance that impedes the fulfillment of requirements to become force majeure, it must acquire two main characteristics: inevitability and extremeness. In the absence of at least one of them, the factor cannot belong to the category in question. So, for example, the change of seasons has an inevitable character. However, this is considered normal and lacks extremeness. The death of a person is also not considered as a force majeure circumstance. The Civil Code of the Russian Federation does not see anything extraordinary in this inevitable event. A case in point is the example of companies that delivered goods by sea to India from Europe. In 1956, the Suez Canal was closed, which was an extraordinary event for these enterprises. However, it could not act as force majeure, since it was possible to continue transportation through the Cape of Good Hope.
Relativity
This symptom is understandable. According to Art. 401, paragraph 3 of the Civil Code, only force majeure circumstances include those that can be recognized as both unavoidable and extraordinary under specific conditions. This means that in one case, the factor can act as an ordinary event.Under other conditions, it will certainly be considered a force majeure that impedes the implementation of the requirements. 
For example, if the ship was far into the sea at the time of the warning about the storm and did not manage to take refuge in the port. The coming storm will be considered force majeure for him. If the management team of a ship located near the port at the time of the warning did not take any safety measures and the ship fell into a storm, this event is not included in this category. A fire in the forest will act as an irresistible force for a person who does not have extinguishing means, and will not be for the person who has them.
Business activities
In the commercial field, legal force sources of civil law It has certain specifics. So, the debtor can take the opportunity to be released from obligations under certain conditions. In particular, force majeure acts as them. In civil law, the concept under consideration is also called force majeure. In addition to the factors listed above, this category also includes a ban on trading in connection with the action of international sanctions, the prohibition of cargo transportation, the announcement of quarantine, and so on.
Indication of agreements
In the process of drafting contracts, the question often arises as to whether insurmountable circumstances should be indicated. And if this is necessary, then what should be their volume. The concept of force majeure is not defined in the Russian regulatory system. Cited in Art. 401, clause 3 circumstances are fixed by the criteria of "inevitability" and "extraordinary". A similar definition is present in Art. 79 of the UN Convention on contracts of sale of the international level.
Disclaimer
From Art. 401, paragraph 3 follows the withdrawal of obligations due to the inability to fulfill the requirements. One more consequence, which is often associated by the parties with the occurrence of force majeure, is the prolongation (extension) of the period for fulfilling the terms of the contract for the time during which force majeure is in effect. The Civil Code of the Russian Federation does not contain such a reservation. Nevertheless, in practice, the extension of the deadlines for fulfilling the requirements has become quite widespread. Moreover, many experts talk about the formation of a certain custom paperwork. 
Uncertainty
Neither in the domestic nor in the international regulatory framework there is a complete and mandatory list of those circumstances that can be considered insurmountable. According to analysts, such uncertainty regarding this issue for the process of drafting contracts and agreements is not only undesirable, but also very dangerous. Often, participants are limited to the following provision: “The parties will not be liable for the improper fulfillment (non-fulfillment) of obligations if insurmountable circumstances prevented this” - and put an end to this. In the absence of an accurate list of all events that the parties recognize as force majeure, disagreements and disputes regarding this or that event are likely.
Possible conflict prevention
As practice shows, the most appropriate will be an indication in the contract of such insurmountable circumstances as:
- Disaster.
- Fire.
- Flood.
- Earthquake.
- Transport accident.
- Civil unrest.
- Rebellion.
- The fighting and the war.
- Employee strike.
- The publication of regulatory acts that are prohibitive and do not allow the fulfillment of specific obligations.
Controversial moment
Natural disasters, of course, relate to insurmountable circumstances if a violation of the terms of the agreement is associated with them. In Germany, force majeure, like in Russia, includes earthquakes, hurricanes, volcanic eruptions, droughts, tornadoes, landslides and so on.Similarly resolved the issue of the classification of natural disasters as insurmountable circumstances in both Anglo-American and French law. However, the point regarding public events remains controversial. There is an opinion in science that the circumstances of force majeure are, of course, strikes and blockades, popular unrest, military operations. However, not all this opinion is recognized as true. These events must meet the above criteria, according to which the circumstance passes into the category of force majeure.
Hostilities
For a long time there was a strong opinion that it was unacceptable to refer to social disasters as force majeure. However, with the outbreak of the First, and then the Second World Wars, it became necessary to recognize the insurmountable circumstances that arose in connection with the hostilities. Despite the awareness of this connection, it was not fixed in the regulatory framework. This factor is also absent among the insurmountable in a number of modern legal acts. In Germany, for example, war refers to force majeure. However, not in all cases it acts as an irresistible force. In the civil law of this country, hostilities lose the sign of unpredictability due to their duration. Simply put, the longer the war goes on, the less it acts as an obstacle to the fulfillment of certain obligations. Similarly, this issue is resolved in English law. 
The attacks
At present, disputes over whether a terrorist act acts as an insuperable force do not stop. In the criminal law of Russia, this moment is not specified in any way. According to some experts, the attack cannot be classified as force majeure. However, there is another point of view. In accordance with it, if a terrorist attack has the above criteria, then it must be recognized as force majeure. There is no reference in criminal law to the preventability of this event. This is due to the fact that actions of this kind do not act as the obligation of the debtor under the terms of the contract.
Retroactive force in civil law
This is another rather controversial issue of the domestic regulatory system. Its aggravation is associated with the extreme variability that civil law has today. The retroactive effect of the law and the limits of its application are not currently properly developed. A very common problem is the time gap between the appeal to the appropriate authorized body and the adoption of the relevant act, the non-compliance of which with the norms was established later, in connection with which it was canceled in court.
