Force major and peculiarities of its application by business entities in contractual obligations during the martial law in Ukraine

Abstract

Introduction. Force majeure is one of the tools of the legal mechanism that allows the parties to economic contractual relations to protect themselves from liability for negative consequences arising from circumstances in which it was impossible to take measures to avoid them, as well as in circumstances beyond their control. Intuitive war is perceived as an objectively existing phenomenon, the exact occurrence of which, as well as the consequences it causes, can not be reliably predicted and projected on the contractual relationship of the parties. Because of this, in the current conditions of martial law, the question arose of determining the features of the legal impact of war on contractual relations, for which it is possible and appropriate to use the legal mechanism of force majeure. The purpose of the paper is to analyze the normative regulation of force majeure in martial law and the features of its application by business entities in contractual relations. Results. The concept of "force majeure", its relationship with the concept of "force majeure circumstances", their normative definition and features of legal regulation are studied. Peculiarities of force majeure application in martial law are determined. The circumstances of the war, which can be considered force majeure, have been studied, as well as the need for a causal link to recognize the event as force majeure in wartime. It is also stated that the contract should specify the provisions that will allow the application of force majeure to the circumstances arising from the war in the contractual obligations of economic entities. Conclusion. Force majeure is an important mechanism that helps to minimize the potential losses of businesses from the risks of such an unpredictable phenomenon as war. The concept of force majeure is defined by law, but the codified acts use the concept of "force majeure circumstances". Under martial law, although this mechanism is widely used, it can only be used if there is a direct causal link between the breach of the obligation and the specific manifestation of the force majeure that causes it. It is not a ground for non-performance or termination of the contract. It should also be borne in mind that the application of force majeure depends on the terms of the contract in which it is spelt out and, accordingly, by which it can be changed.