| Zaiets O.M., Candidate of Law, Chief Research Fellow in the field of jurisprudence at IPE LLC, https://orcid.org/0000-0002-4426-5241 Current issues of criminal legal qualification, documentation and investigation of collaborationism during martial law: materials of the All-Ukrainian Scientific and Practical Conference, Odessa, August 9, 2024. Odesa: ODUVS, 2024. P. 25-27. |
Generalised theses.
Force majeure circumstances (force majeure circumstances) are circumstances that are exceptional in nature and are beyond the control of the person who is the bearer of the obligations stipulated by the terms of the agreement (contract), legislative and other regulatory acts. The occurrence of these circumstances, as well as their consequences, cannot be predicted or avoided under normal circumstances with all due care, good faith and diligence of the obligated person. These circumstances and their consequences are inevitable for the obligated person, therefore, due to such circumstances, he is not liable.
Given the legal signs and legal consequences of the above circumstances, the Seller’s actions are considered to be probably justified due to the full-scale invasion of Ukraine by the Russian Federation, which led to the introduction of martial law in Ukraine on February 24, 2022, and resulted in deterioration of the quality of the goods during transportation to the Buyer’s address. The legal consequences of force majeure (force majeure circumstances) are the release of the obligor from liability in the event of its failure to fulfil its contractual obligations. Such legal consequences undoubtedly create risks for the Seller’s fulfilment of its obligations under the Contract during such a period.
