Yes, the Brazilian Civil Code provides, as a general rule, that the party is exempt of liability in case of FM. A FM is a necessary fact which affects the parties and could not be avoided or prevented. Beyond the legal definition, the parties may expand or elaborate on the consequences of the FM by written agreement.

If the agreement is silent on the occurrence and consequences of a FM event, the Brazilian Civil Code will mandatorily apply the general concept that in case of a FM event the party affected by it will be exempt from liability.

Brazilian Civil Code is silent on this but general practice is the affected party should immediately give written notice to the other party.

Yes, to the extent possible the non-complying party must mitigate the consequences of the FM event as much as possible.

Exemption of liability.

One of the elements characterizing a FM is that the parties could not have anticipated or predicted the FM event. Such requirement may also be characterized as an excessive burden that could give grounds to terminate the agreement. Note that unpredictability is not the only requirement for excessive burden.

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