'Because of the prince' Definition because of the prince

'Because of the prince' Definition because of the prince Definition because of the prince Because of the prince is defined as an event having a character of force majeure caused by an arbitrary decision of a public authority (embargoed for example is a fact of the prince). The fact of the prince means the intervention of the administrative authority, making it totally helpless to the employer and putting it in the impossibility to fulfill its obligations. There is no possibility to intervene in the situation. The situation then applies to the employer as a case of force majeure, which puts it in the impossibility to continue the normal execution of the employment contracts with its employees. It is therefore reasonable grounds to proceed with lock-out, waiting for the end of the fact of the prince ". Legal term In administrative law, it is the derived consequences of an administrative decision that disrupt a contractual relationship. In this sense, and in civil law, the prince can be likened to force majeure if it is unpredictable and insurmountable external to the will of the parties to the contract. 'Because of the prince' in private law Legal article author: Corentin Kerhuel Need to differentiate, in the case of a change of circumstances in a private contract, the case where unforeseeability is due to an economic element of the case where it is due to an act of public power? Definitions The theory of unforeseeability "The theory of unforeseeability provides that, in the execution of an administrative contract, the other party of the administration must continue the execution of the contract even if a temporary and unpredictable event that makes it more difficult. It will be entitled to a partial compensation for damage which is caused to him. Dismissed by the judicial judge, this theory is in principle accepted by the french administrative judge." (Wikipedia) The fact of the prince "The fact of the Prince, which in common parlance refers to an arbitrary act of the Government, means in french administrative law, a measure taken by the administration which has an impact on a contract to which it is party. The fact of the Prince theory predicts that the counterparty of the administration is then entitled to full compensation of the expenses caused by this measure, if this measure has disrupted the work contemplated by the contract. Such a measure is not considered to be a fact of the Prince if it is part of the traditional powers of the administration in terms of administrative contract: control power, change and unilateral termination. The theory of the fact of the Prince does apply for measures taken by the administration on a contractual basis. Can be for example of independent administrative police of the contract but measures that have an impact on the conditions for its execution. The application of the theory of the fact of the Prince leads to full indemnification of the contractor by the administration. It is therefore distinguished from the theory of unforeseeability which provides only partial compensation