(1) The deferred liability of monetary debt shall not be exempted due to force majeure.
(2) Force majeure during the delay in performance cannot be exempted from liability. In fact, neither the Civil Code nor the Civil Code takes the accident as an exemption condition. Therefore, most scholars advocate that accidents should not be used as an exemption.
If the breach of contract is caused by force majeure, the breaching party is not at fault, so it is usually exempted from liability. However, if the law stipulates that the breach of contract caused by force majeure should also bear the responsibility, the breaching party should also bear the liability for breach of contract without fault. For example, Article 124 of the Civil Aviation Law stipulates that the carrier shall be liable for personal injury or death of passengers due to incidents that occur on board a civil aircraft or when passengers get on or off the civil aircraft; However, the passenger's personal injury or death is entirely caused by the passenger's own health, and the carrier shall not bear the responsibility. This incident includes accidents caused by the fault of the carrier and force majeure unrelated to the carrier. As long as passengers are killed or injured, even if there is no fault, the carrier shall bear the civil liability for breach of contract. Force majeure is different from changing circumstances and accidents. Although force majeure can also cause the modification or rescission of the contract, the parties are exempted from the responsibility of force majeure. For the damage caused by force majeure, the principle of exemption is implemented in principle, while the change of circumstances and accidents aim at fair sharing of risks and have different legal consequences.
The Ministry of Transport issued the Notice on Forwarding Experiences and Practices of Supporting Taxi Industry to Maintain Healthy and Stable Development in Response to the COVID-19 Epidemic (hereinafter referred to as the Notice), combing and summarizing typical experiences, and supporting taxi companies to reduce their fees.
In terms of operational pressure transportation service guarantee, it is necessary to strengthen organization and dispatch, do a good job in emergency transportation service guarantee, and provide accurate services according to the needs of different groups. To reduce industries, the government will coordinate and give enterprises or drivers operating subsidies, support enterprises to reduce fees, and give management rights indicators or delayed rewards. Actively solve problems for enterprises, reduce the operating burden of enterprises through multi-sector cooperation, implement support policies to support enterprises to return to work, and coordinate and alleviate the financing pressure of enterprises. Care for taxi drivers, introduce special insurance for drivers, reduce the expenses borne by drivers and extend the lease period of vehicles.
Legal basis: Article 180 of the Civil Law stipulates that those who cannot perform their civil obligations due to force majeure shall not bear civil liability. Where there are other provisions in the law, those provisions shall prevail.