With view of COVID-19 pandemic this is an important legal alert in order to be able to use the legal defense of "force majeure" in the event of non-performance under any commercial agreement.
Please note that pursuant to the Bulgarian Commercial Act (Art. 306 ss.3) and relevant court case law, the party, which shall not be able to perform its obligation under an agreement due to force majeure shall notify the other party to the agreement as to:
(a) what is the force majeure event; and
(b) what are possible consequences of the latter that will hinder performance under particular agreement.
Provided that no such notification has been sent to the other party, the non-performing party shall be liable for the damages caused by said non-performance, regardless of the force majeure event.
Should you need any further information on drafting, sending and ensuring proof of delivery/acceptance of such notification, do not hesitate to contact us for assistance.
Stay healthy!
