scholarly journals Position of the Lessee of Business Premises During the COVID-19 Epidemic Virus

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Jovana Pušac
Keyword(s):  
Global Economy ◽  
Complex Issue ◽  
Contractual Relationship ◽  
Contagious Disease ◽  
Force Majeure ◽  
Contractual Obligations

The author explores the complex issue of whether the epidemic virus Covide-19 has the character of force majeure (vis maior) in terms of fulfilling contractual obligations in general, and in particular the obligations of the Lease of Business Premises. Force majeure means a circumstances arising after the conclusion of the contract that the debtor could not prevent, eliminate or avoid, while in the case of the ruling coronavirus epidemic it is a contagious disease of global proportions with consequences for the global economy, for which official medicine is still did not find a cure. In a situation when the lessee of business premises is affected by these circumstances which, undoubtedly, cannot be attributed to him, and which he could not prevent, eliminate or avoid, it is important to explore and analyze legal solutions that, in the absence of contractual provisions, protect the endangered position the lessee and relax his disrupted contractual relationship with the lessor.

scholarly journals The Extent to Which Force Majeure Applies to Contractual Obligations in The Shadow of the Corona Pandemic

2020 ◽  
pp. 177-192
Author(s):  
Ammar Shakier Mahmood ◽  
Ahmed Safaa Yahya Al Khateb
Keyword(s):  
Contractual Relationship ◽  
Corona Virus ◽  
Force Majeure ◽  
The World ◽  
Descriptive Approach ◽  
Contractual Obligations ◽  
Made In

This pandemic Covid-19 or Corona virus is an urgent foreign cause to the whole world, including the parties to the contractual relationship who had no hand in the occurrence of that pandemic and are not able and able to avoid their effects, regardless of the efforts they have made in that. Mostly (a foreign force majeure led to obstructing the implementation of the obligation and making the debtor’s implementation of his obligation impossible. Through this, the researcher aims to explain the effect of this adaptation on contracts. The researcher committed to his research in the comparative descriptive approach in explaining the concept of the pandemic from a linguistic standpoint and its effects on commitment in general and contractual in particular And the researcher reached to impart the proper legal adaptation of the pandemic to which most of the countries of the world as well as the French judiciary go, which is that the pandemic "covid 19" arising from the spread of the Corona virus is a foreign reason that represents a force majeure that prevents the debtor from carrying out his commitment and makes its implementation of his commitment impossible.

scholarly journals Penyelesaian Wanprestasi atas Dasar Force Majeure Akibat Pandemi Covid-19 dalam Perjanjian Pembiayaan Konsumen

2021 ◽  
Vol 2 (2) ◽  
pp. 349-353
Author(s):  
Made Bagus Rizal Raysando ◽  
Ni Komang Arini Setyawati ◽  
Desak Gde Dwi Arini
Keyword(s):  
Research Method ◽  
Contract Law ◽  
Consumer Finance ◽  
Legal Basis ◽  
Conceptual Approach ◽  
Contractual Relationship ◽  
Corona Virus ◽  
Force Majeure ◽  
Contractual Obligations

Consumer finance is a financing institution that is officially still relatively new in Indonesia. Consumer financing agreements are agreements that arise in the day-to-day practice of the wider community. In a contractual relationship, the Covid-19 pandemic has become a point of debate between business actors who are bound by the contract. Debtors who have contractual obligations make the Covid-19 pandemic a basis for freeing themselves from their obligations to fulfill achievements. The purpose of this research is to find out the legal basis for the arrangement of consumer financing agreements in the perspective of contract law and to find out the consequences of force majeure for the parties to the consumer financing agreement in the event of a Covid-19 pandemic. The problems contained in this research are how the legal basis for the regulation of consumer financing agreements in the perspective of contract law and what are the consequences of force majeure for parties to the consumer finance agreement in the event of a corona virus outbreak. The method used is a normative research method by using a statutory approach and a conceptual approach. Based on the results of this study, it can be concluded that the Covid-19 pandemic currently occurring can only qualify as a forced condition which is not absolute or relative or it can be said that the debtor cannot make the reason for this pandemic as a reason for contract cancellation. This relative coercion is limited to delaying the implementation of the obligation to fulfill the achievement for a while, whereby the parties can negotiate the agreements that have been previously made.

scholarly journals COVID-19 as a Catalyst for the Transformation of Contractual and Enforcement Practices

Legal Concept ◽  
2020 ◽  
pp. 31-40
Author(s):  
Yuliya Tymchuk
Keyword(s):  
Civil Law ◽  
Digital Technologies ◽  
Legal Method ◽  
Force Majeure ◽  
Logical Method ◽  
Coronavirus Infection ◽  
Business Entities ◽  
Contractual Obligations ◽  
Settlement Of Disputes ◽  
The Impact

Introduction: the article provides an overview of the impact of the coronavirus pandemic (COVID-19) on treaty and enforcement practices. The most common methods of conclusion of civil-law contracts, as well as problems of fulfillment of contractual conditions, which arose against the background of spread of coronavirus infection, are considered. Legislative innovations were analysed, which led to a change in the procedure for the execution of certain types of civil law contracts, court practice, in which the legal position of the parties was based on arguments about the coronavirus pandemic. Methods: this study used both public science (dialectical method of cognition, analysis, synthesis, formal-logical method, prognostic, etc.) and private science methods (formal-legal, method of legal interpretation, etc.). Results: it is justified to increase the demand for digital technologies in the context of measures taken by the state to prevent the spread of coronavirus infection. New trends in contract practice have been identified and considered. The possibilities of legal qualification of coronavirus as a force majeure, the circumstance that makes it impossible to fulfill obligations, a significant change of circumstances, including taking into account the available judicial practice at the time of writing, have been determined. Online settlement of disputes arising from non-performance of contractual obligations has been proved to be useful. Conclusions: based on the results of the study, the interdependence between the level of introduction of digital technologies into public administration, the judicial system, the economic activity of business entities and the possibility of adaptation to the conduct of current activities in these spheres in the context of the spread of the crown virus has been determined.

Coronavirus Pandemic and Contractual Justice: Legal Solutions and Realistic Approaches: A Study in Qatari Civil Law and Comparative Practices

2020 ◽  
pp. 1-20
Author(s):  
Abdullah A. Abdullah
Keyword(s):  
Economic Burden ◽  
Civil Law ◽  
Flexible Approach ◽  
The Core ◽  
Force Majeure ◽  
The World ◽  
Contractual Obligations

Abstract This article examines challenges and proposes legal solutions for the enforcement of contracts especially after the transformation of the economy following Covid-19 and related governmental measures that have swept throughout the world since December 2019. Maximising the role of the judge and increasing the contractual parties’ involvement in phases of contractual disputes constitute the core of this research. This article argues for strengthening the contractual guarantees by advocating for the use of the two contract doctrines of force majeure that normally lead to termination of contractual obligations, and changed circumstances that may trigger intervention of the judge to lift the economic burden of the debtor and reach a fair solution. This article also argues for adopting a more flexible approach to the application of the doctrine of change of circumstances during the performance of the contract that not necessarily relies on this traditional distinction between force majeure and hardship.

Actual Issues of Treaty Law in CIS Countries

2019 ◽  
Vol 10 (7) ◽  
pp. 2207
Author(s):  
Olga I. ZOZULYAK ◽  
Oksana S. OLIINYK ◽  
Liliana V. SISHCHUK ◽  
Nataliia A. SLIPENCHUK ◽  
Yuliia I. PARUTA
Keyword(s):  
Social Relations ◽  
The State ◽  
Freedom Of Contract ◽  
Contractual Relationship ◽  
Treaty Law ◽  
Unified View ◽  
Contractual Obligations ◽  
Cis Countries ◽  
The Individual ◽  
Legal Fact

The development of social relations requires changes in various spheres of human activity and, accordingly, in the relations between the state and society, between the state and the individual. In addition, one of the effective regulators of these relations is a treaty, which can be used in various spheres. To date, the science has not developed a unified view of the contract, and its issues are discussed by representatives of various scientific fields, with the contract being studied as a legal fact, agreement, legal relationship, document and in this regard is defined differently. Moreover, contractual relationship is in constant flux and suffer from changes caused by various factors of legal validity. Therefore, treaty law and the rules governing contractual obligations are given a great deal of attention during improving the process of reforming civil law and ensuring its further effective implementation in the CIS. Within the framework of the conducted research and comparative analysis of the legal bases and practice of application in the sphere of treaty law, the author has formulated grounded positions on the outlined and topical issues, which are as follows: (1) the peculiarities of the use of terminology in the context of the problem of interpretation of contract terms are revealed; (2) identified problems that arise during the termination of treaties in the CIS; (3) the influence of innovative technologies and globalization and the nature of contractual relations in the territory of the CIS countries are established; (4) approaches to ‘smart-contracts’ and a public contract are disclosed; (5) the discussion approaches to understanding the concept of ‘freedom of contract’ are analyzed; 6) a conditional list of the most pressing issues of contract law that arises in the CIS are formed.  

scholarly journals Negative Effects caused by COVID-19 on Critical Path of Construction Projects

2021 ◽  
Vol 115 ◽  
pp. 03005
Author(s):  
Oliver Haas ◽  
Peter Markovič
Keyword(s):  
Construction Projects ◽  
Critical Path ◽  
Case Law ◽  
Disease Spread ◽  
Negative Effects ◽  
Construction Company ◽  
Force Majeure ◽  
Liquidated Damages ◽  
Management Literature ◽  
Contractual Obligations

Begun in 2020 COVID-19 disease spread all over the globe and negatively affected all areas of human activities and societies inclusive engineering and construction projects. This paper analyses how COVID-19 implications can be used as a general excuse by a construction company to relief from contractual obligations, e.g., liquidated damages. To answer this question, we compared existing case law, previous court decision and project management literature with potential global and force majeure arguments based on COVID-19 cases. Our results showed that a general “free out of jail” card using COVID-19 argument is not applicable and COVID-19 cannot be seen per se as a force majeure in general and for every situation. However, if the effects from COVID-19 implications are beyond the parties’ control and evidence shows that the contractor is actually disrupted and severely delayed the contractor is entitled for an extension of time or a delayed delivery of his performances. The paper concludes among other details that a COVID-19 argument can only be based on existing contractual provisions, accurate records of the as-built situation, proper notices of all kind of impacts and cause-and-effect considerations. Despite of any warning and if a contractor decides to rely on a global COVID-19 argument only it is a very risky endeavor and may backfire on him later on.

scholarly journals New challenges for the defense industrial enterprises of Ukraine in the conditions of the global pandemic

2021 ◽  
Vol 10 (37) ◽  
pp. 45-55
Author(s):  
Nadiia Skliar ◽  
Vitaliy Begma ◽  
Oksana Vrublevska
Keyword(s):  
Supply Chains ◽  
Defense Industry ◽  
Medium Term ◽  
Industrial Enterprises ◽  
Global Pandemic ◽  
Risk Sensitive ◽  
Force Majeure ◽  
New Challenges ◽  
Contractual Obligations ◽  
Restrictive Measures

The global COVID-19 pandemic has made significant corrections to international trade in many countries around the world. The article is devoted to topical issues of identifying new challenges that have arisen at entities of the defense industry of Ukraine in the context of the COVID-19 pandemic. Comparative analysis of forced changes in defense budgets of different countries and statistical analysis of industries that are connected by supply chains with enterprises of the defense industry of Ukraine, which suffer from the introduction of quarantine restrictive measures, proves restrictions on interstate trade, disruption of domestic and global supply chains and significant losses in the economy. This situation may have medium-term consequences for the country's defense budget, and the Ministry of Defense of Ukraine will be forced to apply optimization plans for effective measures of such a scale as modern sequestration. India, Thailand, and South Korea are identified as the most risk-sensitive counterparties of Ukrainian defense exporters due to the reorientation of finances to the priority segment of medicine to eliminate the consequences of the pandemic. To minimize the risk of non-performance of contractual obligations, it is recommended to review the basic terms of supply of goods under the contracts with risk-sensitive counterparties and make adjustments to force majeure clauses in regard to epidemics, as well as possible revise the contract's payment terms.

scholarly journals Agreements to Eliminate Liability for Breach of a Contractual Obligation: Comparative Analysis of the Legal Regulation and Judicial Practice

Legal Concept ◽  
2021 ◽  
pp. 123-130
Author(s):  
Natalia Kagalnitskova ◽  
Olga Tolstova
Keyword(s):  
Legal Regulation ◽  
Scientific Methods ◽  
Freedom Of Contract ◽  
Contractual Obligation ◽  
Judicial Practice ◽  
Force Majeure ◽  
Legal Nature ◽  
General Scientific ◽  
Contractual Obligations ◽  
Weak Party

Introduction: modern legal science is faced with the task of developing the concept of an agreement on the elimination of contractual civil liability: determining its legal nature, scope and conditions for its implementation. For this purpose, the authors of the paper attempt to model the theoretical and legal basis of the agreement on the elimination of contractual liability of the debtor for non-performance, improper performance of its obligations. Using the general scientific methods – synthesis, analysis, comparative and dialectical methods, as well as the specific scientific methods of cognition, in particular, formal-legal, structural-functional and others, the authors determine the legal nature and scope of the agreement on the elimination of contractual liability for violation of a contractual obligation, and examine the practice of such application. Results: it is indicated that within the framework of the agreement on the elimination of contractual liability, it is possible to expand the list of circumstances related to “force majeure”, but taking into account the criterion of the latter: emergency and insurmountability. Conclusions: an agreement to eliminate contractual liability is not possible in contractual obligations involving a weak party, unless it is concluded in its favor. Therefore, the main scope of their application is the obligations related to the implementation of business activities. The possibility of concluding this agreement is a manifestation of the principles of autonomy of will and freedom of contract.

scholarly journals THE COVID-19 PANDEMIC – AN IMPEDIMENT IN PERFORMANCE OF CONTRACTS

2020 ◽  
Vol 3 (2) ◽  
pp. 177-185
Author(s):  
Mohammed Zaheeruddin
Keyword(s):  
Breach Of Contract ◽  
Commercial Activities ◽  
Force Majeure ◽  
The World ◽  
The Law ◽  
International Sale Of Goods ◽  
Contractual Obligations

The COVID-19 pandemic has created unprecedented situation all over the world, ocmpelled the governments to declare lockdown, closing of businesses, industries, commercial activities, ban on certain imports and exports. Under these circumstances, an obligor may not be able to perform his contractual obligations, consequently may result in breach of contract. In case of claim of damages by the obligee for breach of contract, the obligor may seek exemption from damages under the law of impediment or force majeure. According to Article 79 of the UN Convention on Contracts for the International Sale of Goods 1980 (CISG), a party is not liable for damages due to non-performance, delay or defect in performance, if he can prove that the failure was due to an impediment beyond his control. The COVID-19 situations are beyond the control of the parties to the contract, must be considered as an impediment or force majeure and the non-performing party is entitled for exemption from damages under Article 79 of CISG.

12. Discharge by frustration: subsequent impossibility

2021 ◽  
pp. 599-627
Author(s):  
Robert Merkin ◽  
Séverine Saintier
Keyword(s):  
Theoretical Basis ◽  
Case Law ◽  
Contract Law ◽  
Law Reform ◽  
Risk Allocation ◽  
Force Majeure ◽  
The Subject ◽  
Contractual Obligations ◽  
Contractual Risk ◽  
Selection Of

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. Without the fault of either party, a contract may be automatically discharged due to frustration that renders further performance of the contract impossible, illegal, or radically different from what was originally conceived. In this case, the parties will be excused further performance of their contractual obligations. However, the frustration doctrine applies only where there is no express provision in the contract (a force majeure clause) allocating the risk. This chapter, which examines the frustration doctrine and discharge for subsequent impossibility, first considers the contractual risk allocation before turning to the theoretical basis for the doctrine of frustration. It then discusses limitations on the operation of the frustration doctrine before examining the effects of frustration and the effects on the parties’ positions of the Law Reform (Frustrated Contracts) Act 1943.

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