The world situation is currently in an uproar with the emergence of a virus
called Coronavirus Disease 2019, or more commonly known as the COVID-
19 virus. It is feared that this will have an impact on disrupting business
continuity, such as the parties being unable to carry out contracts or
agreements that were made before the pandemic period occurred, or business
transactions or other business activities being delayed due to social
restrictions that apply in the community as a result of COVID -19. Contract
law in the practice of business contracts is essentially an agreement, which
then produces maximum benefit to ensure that the rights and obligations of
the parties are divided proportionally, so that it can be said that a fair
contractual relationship exists, not harming one of the contracting parties.
The research in writing this thesis focuses on a comparative study of the
hardship principle that has been adopted by UNIDROIT Principle and
applied in countries that adhere to Civil Law and compares the hardship
principle with Force Majeure. From this research, it can be concluded that
the inclusion of the arduous clause in the making of a business contract has
an important role as an alternative method that produces a "win-win
solution" relationship to resolve contract problems due to fundamental events
that affect the balance of the contract, especially in the pandemic because the
elements contained in the arduous clause are in line with the principles of the
agreement.