Force Majeure Comparative Table
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Force Majeure Comparative Table Start Comparison
Is FM recognized in statute? If yes, what is impact of statutory rules on FM clauses in contracts?
Yes - a general FM doctrine exists pursuant to articles 1244 and 1245 of the Indonesian Civil Code.
FM provisions should not derogate from the statutory principles.
FM remedies pursuant to contract?
Parties are free to include FM clauses, so long as they do not derogate from the statutory principles.
Formalities to invoke?

There are no formalities under the Indonesian Civil Code to invoke FM.

If parties agree on the formalities in their FM clause, such steps should be followed.

Any obligation to mitigate?
The law is silent on this. Parties can agree on obligation to mitigate in contracts.
What is the outcome of invoking FM?
The affected party is excused from its obligations and is not liable to damages during the FM event.
Any other concepts/remedies?
Under articles 1444 and 1445 of the Indonesian Civil Code, an agreement is terminated in case the object of the agreement is destroyed, can no longer be traded, or lost due to an unexpected event.
Who should I contact with further queries?