Abstract

Objectives: This study aims to broaden the concept of force majeure in light of contemporary fundamental social transformations and to support legal and jurisprudential approaches that contribute to establishing a flexible legal framework for interpreting civil law provisions in response to modern changes and the application of force majeure. Additionally, the study seeks to verify the extent to which the conditions of force majeure apply to these transformations. Methods: The research adopts an analytical and critical approach based on examining various applications in Jordanian civil law. It also employs a descriptive method to present the fundamental social transformations, assess the adequacy of the current legal provisions, and propose legislative solutions. Results: The study concludes that the Jordanian legislator remains committed to the traditional concept of force majeure, limiting its interpretation to natural or material events that lead to the impossibility of performance. Most judicial rulings have not recognized social transformations as instances of force majeure, which affects contracts and the ability to fulfill obligations. This reveals a deficiency in addressing such occurrences within the current legal framework. Conclusions: The Jordanian legislator should amend the provisions related to force majeure and stipulate the mandatory inclusion of specific clauses in contracts to address unforeseen circumstances or social transformations.