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THE DISTINCTION OF THE CATEGORIES 'THE FORCE MAJEURE' AND 'THE IRRESISTIBLE FORCE' IN THE CONCEPTUAL APPARATUS OF THE CIVIL LEGISLATION OF UKRAINE

Authors: Olga Melnyk;

THE DISTINCTION OF THE CATEGORIES 'THE FORCE MAJEURE' AND 'THE IRRESISTIBLE FORCE' IN THE CONCEPTUAL APPARATUS OF THE CIVIL LEGISLATION OF UKRAINE

Abstract

Anotation. The methodology of research is based on the use as a general scientific (dialectical, logical, systemic-structural, etc.), and special methods (historical, comparative, etc.), which in the complex were applied to clarify the nature and features of the force majeure (the irresistible force) by the civil legislation of Ukraine. The purpose of this article is a complex research of theoretical and practical problems of the civil law categories of the force majeure and the irresistible force, as well as the forming of proposals regarding the improving the civil legislation of Ukraine in this area, the definition of the places of the categories of the force majeure and the irresistible force in the conceptual apparatus of the civil law and legislation of Ukraine. To analyze the existing doctrinal theories of the force majeure and the irresistible force, defining the features of these concepts, to determine their ratios and offer their definitions. To make a distinction of the force majeure and the irresistible force with the related concepts (the impossibility of performance, the reservation on invariability of circumstances of the contract, the case). The object of research is the legal relations that arise in the field of the application of the force majeure (the irresistible force). The subject of research is the force majeure (the irresistible force) as the civil legal category.

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Keywords

The civil legislation, 'the force majeure', 'the irresistible force', 'the force majeure caution'.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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