What counts as force majeure under Tunisian law?

An event that cannot be attributed to the debtor and prevents performance, such as a natural disaster or a decision of the authorities. If the debtor proves it, no damages are owed, unless the debtor was already in default.

Is an epidemic a force majeure event?

Not automatically. It depends on when the contract was signed, what was foreseeable and the actual effect of the epidemic on performance. Listing it expressly in the clause, with its effects, reduces uncertainty.

Does force majeure excuse paying an invoice?

Rarely. An obligation to pay money generally remains capable of performance. The clause can, however, provide for suspension where payment is materially impossible, for example if banking channels are blocked.

Clause templatesGeneral

Force majeure clause

A force majeure clause defines the events that release a party, temporarily or permanently, from its obligations without liability for damages. It also sets the procedure: notification, suspension, then termination if the impediment lasts. Recent health crises, outages and conflicts have shown that a precise clause avoids lengthy disputes.

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Clause template

1. Neither party is liable for any delay or failure to perform caused by an event beyond its control, which could not reasonably have been foreseen when the agreement was concluded and whose effects cannot be avoided by appropriate measures ("Force Majeure"), including: [INDICATIVE LIST: natural disaster, epidemic, war, decision of a public authority, general network failure]. 2. The affected party shall notify the other in writing within [NUMBER] days, describing the event, its foreseeable effects and the measures taken to limit them. 3. The affected obligations are suspended for the duration of the impediment. Obligations to pay sums already due are not suspended, unless payment is materially impossible. 4. If the impediment lasts more than [NUMBER] days, either party may terminate the agreement by written notice, without compensation, and services already performed remain payable.

Replace the bracketed items before use.

Variants

Version with prior renegotiation

Where the event does not make performance impossible but makes it excessively onerous for a party, the parties shall meet within [NUMBER] days to adjust the price or deadlines in good faith. Failing agreement within [NUMBER] days, either party may terminate the agreement on [PERIOD] notice.

When to use it

Your business depends on imports, transport or foreign suppliers.
You organise an event or deliver a service on a fixed date.
Your service depends on external infrastructure (energy, telecoms, hosting).
You sign a long-term contract in an uncertain political or health context.

Mistakes to avoid

Relying on the words "force majeure" without a definition or procedure.
Including foreseeable or controllable events, such as the failure of a subcontractor chosen by the party itself.
Forgetting the notification deadline, failure to meet which may cost the party its protection.
Providing no exit when the impediment continues.

Country-specific notes

Tunisia
The Tunisian Code of Obligations and Contracts excludes damages where the debtor shows that non-performance or delay results from a cause not attributable to it, such as force majeure or a fortuitous event (art. 282); a debtor already in default, however, remains liable (art. 280).
Source: Code des obligations et des contrats (Tunisia), consolidated text
France
Force majeure exists where an event beyond the debtor's control, not reasonably foreseeable and unavoidable, prevents performance; a temporary impediment suspends the obligation, a permanent one terminates the contract automatically (art. 1218 of the Civil Code).
Source: Légifrance, Code civil, art. 1218

Contracts that use this clause

Frequently asked questions

An event that cannot be attributed to the debtor and prevents performance, such as a natural disaster or a decision of the authorities. If the debtor proves it, no damages are owed, unless the debtor was already in default.

Other General clauses

Sources

Indicative template, to adapt to your situation. It does not replace legal advice.

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Force majeure clause

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Variants

Version with prior renegotiation

Mistakes to avoid

Relying on the words "force majeure" without a definition or procedure.

Including foreseeable or controllable events, such as the failure of a subcontractor chosen by the party itself.

Forgetting the notification deadline, failure to meet which may cost the party its protection.

Providing no exit when the impediment continues.

Country-specific notes

Tunisia

The Tunisian Code of Obligations and Contracts excludes damages where the debtor shows that non-performance or delay results from a cause not attributable to it, such as force majeure or a fortuitous event (art. 282); a debtor already in default, however, remains liable (art. 280).

Code des obligations et des contrats (Tunisia), consolidated text

France

Force majeure exists where an event beyond the debtor's control, not reasonably foreseeable and unavoidable, prevents performance; a temporary impediment suspends the obligation, a permanent one terminates the contract automatically (art. 1218 of the Civil Code).

Légifrance, Code civil, art. 1218