Abstract
The study aims to characterize the changes in contract law under the influence of the Covid-19 pandemic in Ukraine and the world. For this purpose, we used systemic, comparative-legal, and formal-legal methods. The paper consists of an introduction, methodology section, bibliography review, results, discussion, conclusions, and references. In the result of the study some distinctive features of changes in contract law under Covid-19 pandemic at the level of national law of Ukraine and some foreign countries were characterized and highlighted. The authors came to the conclusion that changes in contract law are typical for the countries of continental law. Instead, common law states remain resistant to changes in contract law, particularly, the force-majeure application. The reason for this lies in the specific doctrine of the common law countries, as England and the United States. These countries’ courts remain unshakable in terms of managing the contracts performance. In contrast, some Asian and European states (including Ukraine) are characterized by dynamic changes in legislation, given the pandemic situation. The paper also discusses similar institutions like hardship and frustration of purpose, which are both applicable in continental and common law countries.
Highlights
In late 2019, an outbreak of an unknown disease that caused Severe Acute Respiratory Syndrome (SARS) was recorded in Wuhan, Hubei Province, China (Anand et al, 2020; Lu, Stratton, & Tang, 2020; Wu, Zhao, Yu, Chen et al, 2020; Zhu, Zhang et al, 2020)
If we take into account the impact of the epidemic on the economy, for which transparent functioning within the legal field is extremely important, it should be noted that quarantine restrictions have become one of the factors that influenced the implementation of changes in the field of contract law, which accompanies a significant part of business operations of both small entrepreneurs (Bartik et al, 2020) and large corporations (McKibbin & Fernando, 2020)
The application of the systematic method made it possible to assess the facts and data in their entirety, mutual influence, and connection, by highlighting the main features of the regulation the issues related to contract law in the context of the coronary crisis. This meant distinguishing the main features, principles, ideas, characteristics of the legal system of a particular country, comparing them with the identification of concepts that are common to all countries or at least features that are more often than others repeated as a reaction legislators on the spread of coronavirus Covid-19 in terms of its impact on contractual obligations
Summary
In late 2019, an outbreak of an unknown disease that caused SARS was recorded in Wuhan, Hubei Province, China (Anand et al, 2020; Lu, Stratton, & Tang, 2020; Wu, Zhao, Yu, Chen et al, 2020; Zhu, Zhang et al, 2020). One of the less obvious factors here is the changes that may be made to contracts between individuals because while large companies have legal support departments, legal counsel, the average citizen in a pandemic can fall victim to unfair performance of contracts, abuse of by counterparties, or financial fraud. In this aspect, it is necessary to pay attention to the presence of preconditions, or objective factors, for changes in the field of contract law, which will primarily affect ordinary citizens, as well as to analyze how these changes, which are caused by the Covid-19 pandemic, manifest themselves in the legal field. It is necessary to note specific cases of the impact of changes in contract law in a pandemic as having a broader meaning than usual force majeure or serve as an exception to general trends, and are of particular interest to legal science
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