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标题：Change and termination of the agreement, from the point of view of different legal doctrines, in the event of circumstances of force major
其他标题：Change and termination of the agreement, from the point of view of different legal doctrines, in the event of circumstances of force major
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作者：Olga Melnyk
期刊名称：ScienceRise: Juridical Science
印刷版ISSN：2523-4145
电子版ISSN：2523-4153
出版年度：2020
期号：4(14)
页码：34-40
DOI：10.15587/2523-4153.2020.219350
出版社：PC Technology Center
摘要：Force majeure (force majeure) can cause a significant change in circumstances, which is the basis for termination or change of the contract, and, ultimately, leads to the termination of the obligation (its termination) or the preservation of the obligation in a modified form. Legal regulation of the legal consequences of a significant change in the circumstances that exist at the conclusion of the contract is usually based on one of two key principles of contract law: the principle, according to which contracts must be performed (pacta sunt servanda), or clause (clausula rebus sic stantibus). The legislation of foreign countries contains rules, according to which "a change of circumstances may justify a change in the contract, when the preservation of the contract in its original form leads to extraordinary results, incompatible with justice" [1]. The main consequences of a significant change in the circumstances that guided the parties in concluding the contract are: - actually change the contract, ie change the terms of the contract (and as a consequence - the obligations between the parties) while maintaining the contract in force; - and termination of the contract by agreement of the parties. If the parties do not agree to bring the contract in line with the circumstances that have changed significantly, or to terminate it, the contract may be terminated on the grounds, established by the Central Committee of Ukraine, amended by a court decision at the request of the interested party: at the conclusion of the contract the parties proceeded from the fact that such a change of circumstances will not occur; the change of circumstances is due to reasons, which the interested party could not eliminate after their occurrence with all the care and diligence, required of it.
关键词：force majeure;force majeure;conclusion of a contract;change of a contract;termination of a contract;conditions;obligations