Last updated: 5 August 2026.
Quick answer. Under Spanish law, force majeure and act of God clauses can protect a contracting party from liability when unforeseen or unforeseeable events beyond the debtor’s control prevent performance of the contract. Article 1105 of the Civil Code provides that, outside the cases expressly mentioned in the law and those in which the obligation requires it, no one is liable for events that could not be foreseen or that, being foreseen, were inevitable. Although Spanish courts do not differentiate the two concepts and treat them together, force majeure refers to unforeseeable human-caused events — such as wars, riots or robberies — while acts of God are natural physical events such as floods, fires or earthquakes. These liability exceptions are limited where the parties so agree or where the law so states.
The Act of God and Force Majeure (in Spanish Law)
The debtor can become liable if the misconduct is their fault however the clauses of the Act of God and Force Majeure in a contract protect the company and can lead to an exception to liability in contracts.
Both of these clauses include events that are unforeseen and/or unforeseeable, such as chance occurrence or unavoidable accents which are out of the debtor’s control and which prevent the party from carrying out their side of the contract.
This is articulated in Article 1105, which states that: ‘outside the cases expressly mentioned in the law, and those in which the obligation should require it, no one shall be liable for events which cannot be foreseen or which, being foreseen, should be inevitable.’
Although Spanish courts do not differentiate the two clauses and speak about them together, there is a difference between them. Force Majeure are unforeseeable human-caused acts and allows both parties to be freed from any obligations, such as wars, riots robberies etc. Whereas Acts of God are physical events that natural occurrences cause, such as atmosphere catastrophes (flood, fires, earthquakes) which likewise provides an exception to liability in contracts.
However, there are limitations to these liability exceptions, such as:
- If the parties to the obligation so agree
- If it is stated by law.
For advice applied to your case, see our Civil Litigation practice area.
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Frequently asked questions
Although a debtor can become liable when a breach is their fault, these clauses protect the company and can lead to an exception to contractual liability. They cover events that are unforeseen and/or unforeseeable, outside the debtor’s control, which prevent the party from performing their side of the contract.
It states that, outside the cases expressly mentioned in the law and those in which the obligation should require it, no one shall be liable for events which cannot be foreseen or which, being foreseen, should be inevitable.
Force majeure covers unforeseeable human-caused acts — such as wars, riots or robberies — and allows the parties to be freed from their obligations. Acts of God are physical events caused by natural occurrences, such as floods, fires or earthquakes, which likewise provide an exception to liability.
In practice, Spanish courts do not differentiate the two clauses and speak about them together, even though a conceptual difference exists between human-caused events (force majeure) and natural events (acts of God).
Yes. The exceptions do not operate if the parties to the obligation agree otherwise, or if liability for such events is imposed by law, as Article 1105 itself acknowledges.
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