Problems of Performance of Contractual Obligations Due to War Time
Problems of Law
Iryna Dikovska
Taras Schevchenko National University of Kyiv, Ukraine
https://orcid.org/0000-0002-0728-3934
Published 2024-01-09
https://doi.org/10.15388/Teise.2023.129.6
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Keywords

contractual performance
force majeure
war
sanctions
martial law
restrictions of export of goods
interpretation of contracts

How to Cite

Dikovska, I. (2024) “Problems of Performance of Contractual Obligations Due to War Time”, Teisė, 129, pp. 85–107. doi:10.15388/Teise.2023.129.6.

Abstract

The paper aims to elucidate the legal consequences of the impossibility or hardship of performing contracts due to war or circumstances caused by war under the laws of Ukraine, Germany and Switzerland. Since in all the jurisdictions studied they can be determined by both contractual and legislative provisions, the paper first focuses on the interpretation of force majeure clauses under the laws of Ukraine, Germany and Switzerland. It also analyzes what consequences of the impossibility of performing a contract due to war or circumstances caused by war may arise when the contract does not define them.

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