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Publication date: 23.04.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
Force majeure circumstances can significantly affect the fulfillment of contractual obligations. These circumstances, which are unforeseeable and cannot be controlled by the parties to the contract, may lead to the impossibility of performing the contract or to a significant change in the terms of its performance. In this article, we will consider the conditions under which force majeure affects the performance of a contractual obligation, as well as analyze judicial practice and the role of legal analysis of documents.
What is force majeure?
Force majeure is unforeseeable circumstances that do not depend on the will of the parties to the contract and that make the performance of the contract impossible or significantly complicate its performance. Force majeure usually includes natural disasters, military conflicts, acts of terrorism, epidemics, quarantine measures and other events that cannot be predicted or controlled.
Conditions under which force majeure affects the performance of the contract
Force majeure may affect the fulfillment of a contractual obligation under the following conditions:
Impossibility of fulfilling the obligation: If force majeure circumstances make the fulfillment of the obligation impossible or significantly complicate it.
Confirmation of force majeure: The parties to the contract must provide evidence to confirm that a force majeure event has occurred.
Notification of force majeure: The party affected by the force majeure must notify the other party of the occurrence of the force majeure event and its impact on the performance of the contract.
Use of legal analysis of documents: Lawyers conduct analysis of documents to assess the terms of the contract regarding force majeure and the applicability of the relevant provisions. Judicial practice
Case law on force majeure varies depending on the specific circumstances of the case and national legislation. Here are some examples of court decisions related to force majeure:
Recognition of force majeure: The court may recognize force majeure if the party provides evidence to confirm that the event was unforeseeable, uncontrollable and affected the performance of the obligation.
Release from liability: If force majeure is recognized, the court may release the party from liability for non-performance of the contract or change the terms of its performance.
Analysis of contracts by a lawyer: Lawyers play a key role in the judicial review of cases related to force majeure. They conduct legal analysis of contracts to determine whether the contract contains force majeure clauses and how those clauses may be enforced.
Legal analysis of contracts and agreements
Legal analysis of contracts and agreements is an important stage in cases of force majeure. Lawyers conduct an analysis of documents to check the terms of the contract regarding force majeure and the possibility of applying the relevant provisions. This includes:
Verification of provisions on force majeure: The lawyer evaluates whether the contract contains clear provisions on force majeure and their application.
Analysis of the impact of force majeure: The lawyer analyzes the impact of force majeure circumstances on the fulfillment of the obligation and the possible consequences for the parties to the contract.
Recommendations for action: Based on the analysis, the lawyer can provide recommendations for further action, such as negotiating with the other party or going to court.
Conclusion
Force majeure circumstances can significantly affect the fulfillment of contractual obligations, and legal analysis of documents is critical to determine the actions that should be taken in such situations. Lawyers play a key role in analyzing contracts and agreements to ensure compliance with the law and the interests of the parties. Case law on issues of force majeure is an important source of information for the analysis and resolution of disputes related to the execution of contracts under conditions of force majeure.
