Covid-19 and contracts in China and Europe

The purpose of this succinct contribution is to present to the readers the Chinese law of contract on “force majeure” and “hardship,” in a comparative perspective from a European point of view. The concept of foreseeability of the event rendering the performance of the contract impossible or unbearably difficult is used as an eye-catcher. The two concepts “force majeure” and “hardship” are close to each other, but must be sharply distinguished. One has to also distinguish the foreseeability of the event (of “force majeure” or “hardship”), which causes the hindrance of the performance of the contract, from the foreseeability of the damage suffered because of the non-performance.