The dissertation research is devoted to a comprehensive analysis of the grounds for exemption from liability for breach of contractual obligations in the civil law of Ukraine. The
dissertation defines the concept and features of civil liability, analyzes and studies the concepts of leading scholars of Ukrainian civil law in this field, determines the conditions of its occurrence in accordance with current legislation, and characterizes the main types of civil liability. It is established that civil liability constitutes a legal burden of a property nature provided for by civil law norms, imposed on the offender in case of violation of both contractual and non‑contractual civil obligations, aimed at compensating for the damage caused, restoring the violated right, preventing repeated violations, and implemented through measures defined by law or contract.
The main characteristics of civil liability are distinguished: (1) property‑based and individualized orientation; (2) compensatory and restorative nature; (3) determination by both law and contract; (4) possibility of exceeding the amount of compensation compared to the actual damage through the application of additional sanctions, which gives it a preventive significance; (5) implementation of a protective function, which consists in ensuring the injured party’s real right to protection, which can be exercised both through jurisdictional bodies and outside them; (6) it may arise regardless of fault, if such possibility is expressly stipulated in the contract or law.
It is established that the composition of a civil offense (with certain exceptions) is a determining prerequisite for the occurrence of civil liability, the key elements of which are: unlawful conduct, damage caused, causal link between them, and the fault of the offender, which form the legal basis for the application of civil sanctions.
The general principles of exemption from civil liability are studied, the history of the formation and development of this legal phenomenon is traced, its essence is revealed, and its place in the system of civil law is determined. Doctrinal approaches to the definition and classification of grounds for exemption from liability, as well as their correlation with other legal categories, are disclosed.
The content of the category “impossibility of performance of obligations” is considered, and it is established that it provides the legal basis for exemption of the parties from liability for non‑performance of contractual duties in cases where performance becomes impossible due to objective and unforeseen events. To terminate a legal relationship due to impossibility of performance, it is necessary to prove that the occurrence of the relevant
circumstances was unpredictable and unavoidable. Another important aspect is the determination of the causal link between the circumstances and the impossibility of performance.
Special attention is paid to the analysis of force majeure circumstances as a key ground for exemption from liability for breach of contractual obligations, and their correlation with circumstances of irresistible force. It is proved that these circumstances are characterized by unpredictability, do not depend on the will of the parties to the contract, and make the performance of obligations impossible, which led to the conclusion that the concepts “force majeure” and “circumstances of irresistible force” are identical in content, their equivalence being due to the peculiarities of translation from foreign languages.
The specific features of “force majeure circumstances” are established: they exist independently of the will of the parties to civil relations; are marked by extraordinariness and inevitability; create conditions under which the performance of obligations in specific circumstances of economic activity becomes impossible.
An analysis of relevant judicial practice of applying the institution of exemption from liability for breach of contractual obligations has been carried out, in particular decisions of national courts that define the criteria for qualification of force majeure circumstances, requirements for the evidentiary basis, and peculiarities of procedural confirmation of their occurrence.
Force majeure circumstances and substantial change of circumstances in contractual relations are differentiated, and the distinction of these legal situations is stated through the prism of their impact on the performance of contractual obligations.
Special attention is paid to the study of force majeure circumstances as a ground for exemption from legal liability in public law relations.
