COVID-19 PANDEMIC AS FORCE MAJEURE: IT’S ENFORCEABILITY ON THE FAILURE TO FULFILL CONTRACTUAL OBLIGATIONS AND THE FAILURE TO PRESENTS COMPLYING DOCUMENTS IN LETTER OF CREDIT

The performance of contractual obligations holds an important role in the fulfillment of sales contracts, therefore, each parties involved would done their best to complete them. The existence of COVID-19 pandemic affected the trade sphere and could bring impediment in the form of force majeure. Thi...

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Autor principal:	Bhuwana Fairuz Kusumawardhani
Formato:	article
Lenguaje:	EN ID
Publicado:	Faculty of Law, Universitas Sebelas Maret 2021
Materias:	covid-19 force majeure letter of credit (l/c) Law K
Acceso en línea:	https://doaj.org/article/872bf4143be74a6db61b91972fd182df
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spelling	oai:doaj.org-article:872bf4143be74a6db61b91972fd182df2021-11-15T09:42:55ZCOVID-19 PANDEMIC AS FORCE MAJEURE: IT’S ENFORCEABILITY ON THE FAILURE TO FULFILL CONTRACTUAL OBLIGATIONS AND THE FAILURE TO PRESENTS COMPLYING DOCUMENTS IN LETTER OF CREDIT0852-09412549-090710.20961/yustisia.v10i1.46532https://doaj.org/article/872bf4143be74a6db61b91972fd182df2021-04-01T00:00:00Zhttps://jurnal.uns.ac.id/yustisia/article/view/46532https://doaj.org/toc/0852-0941https://doaj.org/toc/2549-0907The performance of contractual obligations holds an important role in the fulfillment of sales contracts, therefore, each parties involved would done their best to complete them. The existence of COVID-19 pandemic affected the trade sphere and could bring impediment in the form of force majeure. This research aims to find out the enforceability of COVID-19 as force majeure on the performance of sales contract and the enforceability of COVID-19 as force majeure according to UCP 600 on failure to presents complying documents. This research was conducted by using normative method and qualitative method, the latter was used to analyze the secondary data of which was collected by literature study of relevant materials. The result of this research shows that the enforceability of COVID-19 as force majeure depends on the way of sales contracts are worded and the tribunal’s interpretation on the laws and practices in international trade. The UCP 600’s force majeure clause phrasing open up the interpretation on the possibility of COVID-19 as force majeure, however, the clause cannot be enforced on the failure to presents complying documents, caused by COVID-19 or not, as it concerns the matter of Bank’s responsibility in the case of force majeureBhuwana Fairuz KusumawardhaniFaculty of Law, Universitas Sebelas Maretarticlecovid-19force majeureletter of credit (l/c)LawKENIDYustisia, Vol 10, Iss 1, Pp 16-31 (2021)
institution	DOAJ
collection	DOAJ
language	EN ID
topic	covid-19 force majeure letter of credit (l/c) Law K
spellingShingle	covid-19 force majeure letter of credit (l/c) Law K Bhuwana Fairuz Kusumawardhani COVID-19 PANDEMIC AS FORCE MAJEURE: IT’S ENFORCEABILITY ON THE FAILURE TO FULFILL CONTRACTUAL OBLIGATIONS AND THE FAILURE TO PRESENTS COMPLYING DOCUMENTS IN LETTER OF CREDIT
description	The performance of contractual obligations holds an important role in the fulfillment of sales contracts, therefore, each parties involved would done their best to complete them. The existence of COVID-19 pandemic affected the trade sphere and could bring impediment in the form of force majeure. This research aims to find out the enforceability of COVID-19 as force majeure on the performance of sales contract and the enforceability of COVID-19 as force majeure according to UCP 600 on failure to presents complying documents. This research was conducted by using normative method and qualitative method, the latter was used to analyze the secondary data of which was collected by literature study of relevant materials. The result of this research shows that the enforceability of COVID-19 as force majeure depends on the way of sales contracts are worded and the tribunal’s interpretation on the laws and practices in international trade. The UCP 600’s force majeure clause phrasing open up the interpretation on the possibility of COVID-19 as force majeure, however, the clause cannot be enforced on the failure to presents complying documents, caused by COVID-19 or not, as it concerns the matter of Bank’s responsibility in the case of force majeure
format	article
author	Bhuwana Fairuz Kusumawardhani
author_facet	Bhuwana Fairuz Kusumawardhani
author_sort	Bhuwana Fairuz Kusumawardhani
title	COVID-19 PANDEMIC AS FORCE MAJEURE: IT’S ENFORCEABILITY ON THE FAILURE TO FULFILL CONTRACTUAL OBLIGATIONS AND THE FAILURE TO PRESENTS COMPLYING DOCUMENTS IN LETTER OF CREDIT
title_short	COVID-19 PANDEMIC AS FORCE MAJEURE: IT’S ENFORCEABILITY ON THE FAILURE TO FULFILL CONTRACTUAL OBLIGATIONS AND THE FAILURE TO PRESENTS COMPLYING DOCUMENTS IN LETTER OF CREDIT
title_full	COVID-19 PANDEMIC AS FORCE MAJEURE: IT’S ENFORCEABILITY ON THE FAILURE TO FULFILL CONTRACTUAL OBLIGATIONS AND THE FAILURE TO PRESENTS COMPLYING DOCUMENTS IN LETTER OF CREDIT
title_fullStr	COVID-19 PANDEMIC AS FORCE MAJEURE: IT’S ENFORCEABILITY ON THE FAILURE TO FULFILL CONTRACTUAL OBLIGATIONS AND THE FAILURE TO PRESENTS COMPLYING DOCUMENTS IN LETTER OF CREDIT
title_full_unstemmed	COVID-19 PANDEMIC AS FORCE MAJEURE: IT’S ENFORCEABILITY ON THE FAILURE TO FULFILL CONTRACTUAL OBLIGATIONS AND THE FAILURE TO PRESENTS COMPLYING DOCUMENTS IN LETTER OF CREDIT
title_sort	covid-19 pandemic as force majeure: it’s enforceability on the failure to fulfill contractual obligations and the failure to presents complying documents in letter of credit
publisher	Faculty of Law, Universitas Sebelas Maret
publishDate	2021
url	https://doaj.org/article/872bf4143be74a6db61b91972fd182df
work_keys_str_mv	AT bhuwanafairuzkusumawardhani covid19pandemicasforcemajeureitsenforceabilityonthefailuretofulfillcontractualobligationsandthefailuretopresentscomplyingdocumentsinletterofcredit
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COVID-19 PANDEMIC AS FORCE MAJEURE: IT’S ENFORCEABILITY ON THE FAILURE TO FULFILL CONTRACTUAL OBLIGATIONS AND THE FAILURE TO PRESENTS COMPLYING DOCUMENTS IN LETTER OF CREDIT

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