| Doctor of Economic Sciences Zablodska I.V. https://orcid.org/0000-0002-1410-6194, Doctor of Law Kozhevnikova V.O. https://orcid.org/0000-0002-0410-6756, Candidate of Law Chernovska S.M. https://orcid.org/0000-0002-6235-0562 Economics and Law. 2021. No. 1. P.10-19. |
Annotation.
The grounds for revising the terms of a contract due to a material change in circumstances as a means of protecting civil rights and interests are analysed, the necessity of which may be related to the occurrence of certain extraordinary circumstances beyond the control, actions or wishes of the parties. It has been established that some of these unavoidable circumstances are of an extraordinary nature, which, as a rule, results in the release of a participant in civil and commercial legal relations from non-property and property liability. It has been proven that such unavoidable circumstances can serve as grounds for changing or terminating obligations in contractual relations due to an objectively determined (permanent or temporary) impossibility of fulfilling them. It has been established that in a number of cases, although these factors sometimes significantly complicate, they do not prevent the participants from fulfilling their obligations in general, and therefore, for the interested party, they are at most a matter of chance, creating only a subjective impossibility of fulfilling the obligation. The following example is considered: amendments to the Purchase Agreement concluded between a state-owned enterprise and a private enterprise regarding the reconstruction of a filtration facility for the discharge of petroleum products at a base warehouse for fuel and lubricants.
