Act of God is an expression that means a occasion or event that cannot be predicted and that causes a consequence.
The use of this term is very common in the field of law. It is used to refer to the occurrence of an unforeseen situation that changes the legal situation, as in the case of a contract, for example.
The fortuitous event concerns a certain situation of chance or unpredictability that cannot be avoided or controlled. When these circumstances occur, they can generate the right to receive compensation (civil liability).
Differences between Act of God and Force Majeure
The two expressions are used in the scope of Law in reference to unexpected situations and, in many instances, are considered synonymous. This is because they are applied in similar situations and so can be easily confused.
But the difference between them is not unanimous. Some jurists understand that there are differences, others understand that there are not. Let's know what the distinctions are:
The fortuitous case, as we have seen, is related to an unforeseen and unavoidable situation. The case of force majeure is also an unavoidable situation, however, it can be foreseen in some situations.
For example, the occurrence of some natural event, such as the arrival of a hurricane, can be predicted by meteorological analysis services. But, although it can be predicted, the phenomenon cannot be avoided.
Therefore, according to some jurists, the main difference between them is the event predictability. While the fortuitous event would be unpredictable, the force majeure event could be predictable.
Other law authors understand that the difference lies in the fact that the unpredictable event may or may not be removable, that is, when the unforeseen situation can be worked around.
So when the situation can be worked around, we would have a fortuitous case. In the opposite situation, we would be facing an occurrence of force majeure.
There are still other authors who differentiate expressions by the criterion of origin of the fact.
According to them, in the fortuitous case, the origin of the fact would be unknown. In the case of force majeure, the origin of the event would be known or possible to be discovered.
Act of God in Civil Law
To understand it a little better, let's look at some fortuitous or force majeure situations provided for in the Civil Code.
The Code provides, in relation to the fulfillment of a contractual obligation, that the debtor of the obligation shall not be held liable in the event of an act of God or force majeure. But the law emphasizes that for this, it is necessary to prove that the fact could not be prevented or avoided.
Also read the meanings of civil responsability and culpability.
In other situations, the law provides for liability, even if the situation is the result of an act of God or force majeure.
For example: in relation to business management, the Civil Code provides that the manager of a business must be held responsible for the fortuitous event that occurred in a risky action performed by him.
Learn more about Civil right it's the civil Code.
