| Romanovska L.А., Candidate of Law, Director, Chief Research Fellow in the field of jurisprudence at IPE LLC, https://orcid.org/0009-0004-6306-6936 Changes in corporate legislation during the period of the legal regime of martial law in Ukraine [text]: Collection of scientific works based on the materials of the XX International Scientific and Practical Conference (September 30, 2022, Ivano-Frankivsk) / Research Institute of Private Law and Entrepreneurship named after Acad. F. G. Burchak of the National Academy of Sciences of Ukraine; edited by Dr. of Law V. A. Vasilyeva. Ivano-Frankivsk, 2022, 150p. (P.91-95). |
Generalised theses.
The principle of dispositively in civil law provides grounds for the exercise of civil rights within the limits of good faith and reasonableness of the rights holder’s actions, and this can be facilitated by the results of scientific and legal expertise or comprehensive scientific expertise. Note that the expert opinion of scientific and legal expertise, and if appropriate – comprehensive scientific expertise, has practical application, it is provided for the adoption of an appropriate decision by a competent person, taking into account the justifications and conclusions, if necessary, the knowledge of experts in the relevant fields of legal sciences. That is, the obligor, having received an expert opinion (an independent professional point of view on the justification and proof of a significant change in circumstances in a relevant practical situation as a motivated basis), taking into account the principle of dispositively and freedom of contract, initiates (requires) amendments to the contract in order to balance the property interests of the parties, violated by the unforeseen occurrence of a significant change in circumstances.
