FORCE MAJEURE IN PRIVATE INTERNATIONAL LAW: A COMPARATIVE ANALYSIS

This article offers a comprehensive analysis of the force majeure doctrine within international contract law, concentrating on its treatment under the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Principles of European Contract Law (PECL).Employing doctrinal, analytical and comparative legal methods, the study explores the doctrine's essential elements and their application to international commercial obligations.Special attention is given to modern global disruptions such as armed conflicts and in particular the ongoing war in Ukraine, which has significantly disrupted global trade and contractual performance.The escalation of international conflicts, sanctions and supply chain disruptions has intensified the need for clear and uniform force majeure provisions.The war in Ukraine serves as a critical case study of how armed conflicts trigger legal uncertainty and invoke force majeure in transnational contracts.The article also examines the interaction between force majeure and private international law, especially regarding jurisdiction and the applicable legal framework in cross-border disputes.A clear distinction is drawn between force majeure and hardship doctrines, emphasizing that only objective impossibility -not mere economic burden -qualifies for exemption under CISG and PECL.The role of good faith as a general principle under PECL is also addressed, particularly its implications for notification duties and contractual cooperation.Additionally, the paper highlights PECL's progressive approach, including its explicit reference to war and its detailed rules on state intervention and state-owned enterprises.By addressing these legal mechanisms, the article underlines the importance of harmonized responses to unforeseen events and supports the potential of PECL to guide future development of unified transnational contract law standards.