DEBTOR’S RELEASE FROM LIABILITY IN THE CASE OF IMPOSSIBILITY OF PERFORMANCE OF THE CONTRACTUAL OBLIGATION
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 3, Issue
Abstract
The article describes the general provisions about the grounds for release from liability for the breach of obligations in the civil law of Ukraine, in particular, the concept and the grounds for the release from liability, as well as the concept and types of impossibility of performance in the civil law of Ukraine were defined. Also in the article the concept and the grounds for exemption from contractual liability, the content category of «impossibility of performance» in the civil law of Ukraine and laws of some foreign countries, and also the prospects of improvement of civil legislation of Ukraine concerning the grounds for exemption from liability. Indicated that of force majeure does not always terminate the obligation, but only exempt from liability for its failure. Considerable attention is paid to delimitation of the consequences of impossibility of performance and actions of force majeure. It is analyzed the concept of impossibility of performance of the obligation in civil law of foreign countries, the concept of impossibility of performance of the obligation in civil law of Ukraine. Based on the study changes to the civil legislation of Ukraine were proposed.
Authors and Affiliations
О. О. Мельник
Keywords
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