Caso fortuito ou de força maior principais delineamentos dogmáticos e conexões com a pandemia do coronavírus

Abstract

The present work aims to analyze the main legal features of force majeure. Thus, in a first chapter, the article will analyze some basic legal characteristics of the institute, such as the necessity and inevitability of the effects, expressly provided for in Brazilian legislation. The externality, which importance is emphasized in cases of strict civil liability and for the distinction to the category of “fortuito interno”, will complete the analysis of the application requirements. In a second chapter, the study of the limits of act of God or force majeure in relation to other legal institutes, such as multiple causation, the state of necessity and the theory of contractual impossibilities (breach of contract), will be carried out.