The Supreme Court held that where the parties have agreed on their own definition of force majeure, that contractual definition governs, because the Civil Transactions Law does not lay down a precise definition of force majeure. A party therefore cannot invoke force majeure for an event that the contract expressly excludes. The court also held that joining a third party, including a guarantor, to a lawsuit must follow the ordinary procedures for filing a claim, and that a request made only in a defence memorandum or orally at a hearing is insufficient to validly join that party.
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