What is the difference between fortuitous event and force majeure?

What is the difference between fortuitous event and force majeure?

To know the difference between fortuitous event and force majeure, there are different criteria to help us distinguish one concept from another:

• The fortuitous event is an unforeseeable event, or that being foreseeable, cannot be avoided. For example, an accidental fire, a robbery, a strike, etc. The fortuitous event implies a relative impossibility to fulfill an obligation, and can exonerate the debtor from liability if it proves that there was no fault or negligence on his part.
• Force majeure is an irresistible, inevitable and insurmountable event, which comes from nature or from a third party beyond the control of the parties. For example, an earthquake, a flood, a war, etc. Force majeure implies an absolute impossibility to comply with an obligation, and exempts the debtor from liability without the need to prove his lack of fault.

Thus, the main difference between a fortuitous event and force majeure is in the degree of unpredictability and irresistibility of the fact that prevents compliance with the obligation. These two concepts are regulated in the civil sphere by the Civil Code, specifically in its articles 1105, 1182 and 1184, and in the commercial sphere by the Commercial Code.