Force majeure in contracts

Force majeure is an essential contractual structure, which is inherent in any contractual relationship, arising both among business entities - legal entities and between legal entities and individuals (in particular, the contracts concluded for the provision of financial services).

At this point, the contractual structure of force majeure - always between the section "Responsibilities of the parties" and "Termination of the contract. The suspension of obligations under the contract. "

In science, civil and commercial law enforcement issues are complex issues relating, in particular, the categories of guilt, which is used for the subjective evaluation of actions (inaction) of each of the parties to the contract. In the science of civil and commercial law force majeure is considered among the circumstances precluding guilt of the debtor's contractual obligations. This special legal structure, taking into account today's realities and the need to ensure proper investment climate in Ukraine, a new meaning for the contractual practices.

Solving the problem of the use of legal structures, "force majeure" and "force majeure" believe, should begin with the semantic understanding of the content of each of these phenomena and enshrined in law to these legal constructs.

This practice of contractual dispute resolution is an important consolidation of the definitions of "force majeure" and "force majeure" in the relevant regulations of the Civil Code of Ukraine regarding liability for breach of obligations.

An analysis of the provisions of the Civil Code of Ukraine on the subject of the study shows that the liability Chapters 11 Section II "Faces" and chapter 51 section I "General provisions on obligations" Book 5 of the Civil Code of Ukraine.

At the same time, for the proper application of the substantive law of the legislator should have been given a clear technical and legal methods of designing regulations Art. 617 Civil Code of Ukraine, adding to the understanding of the content of this provision of force majeure and force majeure (norm-definition). In this case (the wording of the content of these definitions) for the definition of content rules should resolve the issue of the relationship between these concepts have both effects at the level of legal structures (rules-rules), provides a list of these circumstances, the mechanism of their representations and views of a unified document, which would be sufficient to confirm the type, the duration of such circumstances.

At the time, Winston Churchill said: "Democracy - a procedure." From the standpoint of the use of the design of force majeure in the contract and the jurisprudence immediately raises the question of the mechanism approved by the party refers to the circumstances, the presence, type and duration of these circumstances. In this case, these mechanisms are actually procedural relationships that should arise regarding the confirmation of force majeure (force majeure), the relevant public authorities, local governments and non-profit self-governing organization, we (the Chamber of Commerce in Ukraine).

This kind of recognition of the procedural document (output or Help) at the level of legislation allows in the future clearly, unequivocally and correctly apply the legislation as legal practitioners and the courts in solving relevant disputes. Today view, a list of the circumstances and the mechanism of their confirmation by the parties obligations actually given "at the mercy of" parties to the contract; This means that from the standpoint of the existing judicial practice, the amount of these relationships are understood from the standpoint of the "narrow" understanding of private legal relations (including the principle of freedom of contract).

It seems that this situation can not be considered to be adequate, given the current realities of contractual relations and their implications for management practice. The solution to this practical problem we consider it expedient by clear legislative definition of force majeure and force majeure at the level of norms, definitions and rules as the rules by making appropriate changes in Art. 617 of the Civil Code of Ukraine and adoption of a special law, which would have carried out the regulation of the spectrum of important economic and contractual relations.