Position of the Lessee of Business Premises During the COVID-19 Epidemic Virus

Abstract

The author explores the complex issue of whether the epidemic virus Covide-19 has the character of force majeure (vis maior) in terms of fulfilling contractual obligations in general, and in particular the obligations of the Lease of Business Premises. Force majeure means a circumstances arising after the conclusion of the contract that the debtor could not prevent, eliminate or avoid, while in the case of the ruling coronavirus epidemic it is a contagious disease of global proportions with consequences for the global economy, for which official medicine is still did not find a cure. In a situation when the lessee of business premises is affected by these circumstances which, undoubtedly, cannot be attributed to him, and which he could not prevent, eliminate or avoid, it is important to explore and analyze legal solutions that, in the absence of contractual provisions, protect the endangered position the lessee and relax his disrupted contractual relationship with the lessor.