Yes. FM provisions are contained in article 1218 of the French Civil Code, which defines an FM event as:

• An event beyond the control of the debtor
• Could not be reasonably anticipated at the time of the conclusion of the contract
• Whose effects cannot be avoided by appropriate measures
• Prevents debtor from performing obligation

Judges carry out a case-by-case analysis of the situation. There is no standard case law that could apply to all cases.

Parties have the freedom to override article 1218 by changing definition of FM/excluding it completely from their contract (to the extent the clause does not appear unbalanced). The parties can also decide to include specific contractual provisions relating to the consequences of the FM.

There is no particular formality provided for by the text. However, the other party must be informed of the suspension or termination of the agreement and of its reasons.

No, there is no general duty to mitigate loss under French law, including in relation to FM, although parties may choose to include such a duty in their contracts.

However, the contracts must be executed in good faith , which can sometimes imply to mitigate loss if possible.

• If effects of FM event are temporary, performance is suspended, unless the delay is such that the contract should be terminated.
• If the effects are permanent, the contract will automatically be terminated and the parties discharged from their obligations.

• Defense of non-performance (exception d'inexécution): a party could invoke the non performance of the other party to refuse to perform its own obligations.
• Alternatively, imprévision under article 1195 of the French Civil Code could be invoked in order to convince the other party to revise the terms of the contract, on the basis that performance of which has become excessively onerous due to circumstances that were unforeseeable at the time the contract was concluded. Failing agreement between the parties, the judge may be asked to revise the terms of the contract.