| Krylova O.I., Executive Director, Junior Research Fellow in Law at IPE LLC, https://orcid.org/0009-0009-3365-2404 Ricerche scientifiche e metodi della loro realizzazione: esperienza mondiale e realtà domestiche: Raccolta di articoli scientifici «ΛΌГOΣ» con gli atti della V Conferenza scientifica e pratica internazionale, Bologna, 26 aprile, 2024. Bologna-Vinnytsia: Associazione Italiana di Storia Urbana & UKRLOGOS Group LLC, 2024. (P. 150-153) https://archive.logos-science.com/index.php/conference-proceedings/issue/view/22 DOI: https://doi.org/10.36074/logos-26.04.2024/030. |
Generalised theses.
The difference between force majeure and a significant change in circumstances is obvious. Currently, there is an urgent need to formulate the concept of a “significant change in circumstances” based not only on theoretical principles, but also on the accumulated practical, more thorough, experience of applying the norms of Article 652 of the Civil Code of Ukraine. The presence of a clearly defined concept of a “significant change in circumstances” enshrined in law is important for a number of reasons and will contribute to:
(1) ensuring legal certainty: a clear definition of a material change of circumstances in the law will allow the parties to the contract and the courts to understand exactly when they can request a change or termination of the contract. This will help avoid misunderstandings and disputes;
(2) fostering trust in the legal system: if parties are confident that the law will have clear criteria for determining a material change in circumstances, they will be more likely to comply with the terms of the contract and have confidence in the legal system;
(3) minimizing litigation: if the parties have a clear understanding of what can be recognized as a material change of circumstances, this will reduce the likelihood of litigation and disputes over the contract;
(4) ensuring fairness: a clear definition of the concept of a significant change in circumstances will contribute to the fair resolution of disputes in court, as it will allow courts to use objective criteria to assess changes in the situation;
(5) promoting economic stability: if the parties can respond quickly and effectively to changing circumstances, this will contribute to economic stability, as it will avoid unforeseen costs or risks.
