[Direct answer]In the Beijing area, parties should promptly notify the other party, provide evidence, mitigate losses, and negotiate a solution. According to the Civil Code of the People's Republic of China (effective January 1, 2021), force majeure refers to an objective situation that cannot be foreseen, avoided, or overcome. If a party is unable to perform the contract due to force majeure, it may be partially or fully exempted from liability according to the impact of the force majeure, unless otherwise provided by law. If a party is unable to perform the contract due to force majeure, it shall promptly notify the other party to mitigate potential losses and provide evidence within a reasonable timeframe. If a party delays performance and then encounters force majeure, it shall not be exempted from its breach of contract liability. If force majeure makes it impossible to achieve the contractual purpose, the parties may terminate the contract. Therefore, when encountering force majeure, parties should promptly notify the other party in writing, collect and submit materials such as government announcements and certificates from competent authorities, take reasonable measures to mitigate losses, and negotiate changes to performance, extensions, or terminations of the contract. If negotiations fail, parties may legally claim exemption from liability or termination of the contract, and pay attention to distinguishing the applicable conditions of force majeure from those of changed circumstances.

1. Problem background and typical scenarios

Natural disasters, major epidemics, and policy adjustments may affect the performance of contracts. There are three typical scenarios: one party is unable to deliver or make payments on schedule due to objective obstacles; both parties disagree on whether an event constitutes force majeure; and although the contract can be performed, a major change in the underlying conditions results in a manifestly unfair outcome. Under different circumstances, the applicable laws vary.

II. Key points of contention

First, whether an event meets the constituting elements of being unforeseeable, unavoidable, and insurmountable. Second, whether the obligation to notify and the obligation to provide proof have been fulfilled. Third, how to determine the scope and extent of exemption from liability. Fourth, the responsibility for force majeure arising after a delay in performance. Fifth, the distinction between force majeure and changes in circumstances. These issues determine whether exemption from liability is possible and how to proceed subsequently.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm has summarized three key points in handling contract disputes. First, the constitutive elements: To claim force majeure, it is necessary to prove that the event has three characteristics of unforeseeability, unavoidability, and insurmountability, and that there is a causal relationship between the event and the failure to perform the contract. General market fluctuations and operational difficulties typically do not constitute force majeure. Second, notification and evidence collection: The affected party should promptly notify the other party in writing, explaining the event and its impact, and provide evidence within a reasonable timeframe, such as government announcements, certificates from competent authorities, and notarized documents. Failure to notify the other party in a timely manner may result in the other party suffering increased losses, for which the affected party cannot claim exemption. Third, exemption scope: Force majeure does not automatically exempt from all liabilities, but rather exempts from liability based on the extent of its impact. If the performance is only temporarily affected, it typically results in a delay in performance rather than a termination of the contract. Fourth, termination and modification: If force majeure renders the contract unfeasible, the parties may terminate the contract and should promptly notify the other party and retain evidence. If the contract can still be performed but the underlying conditions have undergone significant changes and continued performance would be grossly unfair, the doctrine of change of circumstances may apply, allowing the parties to request modification or termination, which will be determined by the court or arbitration institution. Fifth, mitigation obligations: Even in the event of force majeure, the parties should still take reasonable measures to mitigate losses. If failure to mitigate results in increased losses, the increased portion may not be supported. Sixth, practical tips: It is advisable to stipulate in the contract the scope of force majeure, notification deadlines, methods of proof, and consequences of non-compliance. In the event of a dispute, parties should first attempt to resolve the matter through negotiation and retain correspondence. If necessary, they may seek clarification of responsibilities through litigation or arbitration. In summary, prompt notification, thorough evidence collection, and active mitigation are the three key points in handling force majeure cases. This case was handled by Beijing Henglue Law Firm. 恒略律师在合同纠纷业务中总结了三点经验。其一，构成要件：主张不可抗力需证明事件具有不可预见性、不可避免性和不可克服三个特征，且与不能履行合同之间存在因果关系；一般性的市场波动、经营困难通常不构成不可抗力。其二，通知与举证：受影响方应及时书面通知对方，说明事件及影响范围，并在合理期限内提供证明，如政府公告、主管部门证明、公证文书等；未及时通知导致对方损失扩大的，就可能扩大的损失部分不能免责。其三，免责范围：不可抗力并非当然全部免责，而是根据其影响部分或全部免除责任；若仅暂时影响履行，通常表现为延期履行而非解除。其四，解除与变更：不可抗力致使不能实现合同目的时，当事人可解除合同，应及时通知并保留证据；若合同仍可履行但基础条件发生重大变化、继续履行显失公平的，可能适用情势变更，当事人可请求变更或解除，由法院或仲裁机构裁量。其五，减损义务：即使发生不可抗力，当事人仍应采取合理措施减少损失，未减损导致损失扩大的，扩大部分可能不予支持。其六，实务提示：合同中宜事先约定不可抗力的范围、通知期限、证明方式与后果处理，发生争议时优先协商并保留往来函件，必要时通过诉讼或仲裁明确责任。综合来看，及时通知、充分举证与积极减损是处理不可抗力的三项要点。本案由北京恒略律师事务所代理。Xue SuhuaThe attorney (practice license number: 11101201211769926, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, notify the other party in writing in a timely manner and explain the impact; Second, collect proof materials such as government announcements; Third, take mitigation measures and keep records; Fourth, negotiate amendments or terminations, and, if necessary, claim exemption from liability. For matters involving contract performance and breach of contract, you may refer to the relevant provisions.Business and contract disputes in enterprisesFor topics related to evidence fixation and procedures, please refer to the following materials for further study.Special services; For matters related to the execution of judgments, you can refer to the following documents for reference.Creditor's rights and debts, and enforcementLegal basis: Articles 180, 530, 533, and 563 of the Civil Code of the People's Republic of China (effective as of January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, force majeure must meet the requirements of being unforeseeable, unavoidable, and insurmountable. Secondly, the party concerned should notify the other party in a timely manner and provide evidence within a reasonable timeframe, otherwise, it cannot be exempted from liability for the part of the losses that have been exacerbated. Thirdly, the exemption from liability may be partial or total, depending on the extent of the impact, and it does not necessarily lead to the termination of the contract. Fourthly, the failure to perform the contract should be handled differently from the situation of a change in circumstances, and a clear distinction should be made between the two. For matters involving force majeure and the overall solution to contract disputes, the parties may resolve them through negotiation or arbitration.Business and contract disputes in enterprisesThe service is supported. For more information, please visitThe official website of Beijing Henglue Law FirmI understand.

VI. Frequently Asked Questions

Q1: What constitutes a force majeure?

It refers to objective circumstances that cannot be foreseen, avoided, or overcome, such as major natural disasters and specific policy changes. Ordinary market fluctuations are generally not considered as force majeure.

Q2: What should I do if I encounter force majeure?

The party concerned shall notify the other party in writing in a timely manner, provide proof within a reasonable period of time, and take mitigation measures. Otherwise, the party shall not be exempt from liability for the expanded part of the loss.

Q3: Can force majeure exempt a party from all liability?

Not necessarily. Liability should be exempted in part or in full according to the impact of force majeure. If it only temporarily affects the performance, it usually results in a delay rather than a termination.

Q4: What if force majeure occurs after the delay in performance?

It does not exempt the party from the liability for breach of contract. If the party fails to perform the contract on time and then encounters force majeure, it shall still bear the corresponding liability for breach of contract.

Q5: How to distinguish between force majeure and a change of circumstances?

If the failure to perform is due to force majeure, the party concerned may directly claim exemption from liability or rescission of the contract; if the change of circumstances refers to a significant change in the basic conditions that results in manifest unfairness, the party concerned needs to request a change or rescission of the contract, which will be decided by the arbitration institution.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Business and commercial legal services·Attorney Xue Suhua·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.