| Keywords [eng] |
Force majeure, war, business contracts, legal implications, international law, Ukraine, civil law, common law, comparative analysis. |
| Abstract [eng] |
In a world marked by geopolitical uncertainties and rapid changes, this thesis explores the intricate dynamics of international business transactions, focusing on the inclusion of force majeure clauses and their relevance in the context of armed conflicts. The ongoing war in Ukraine serves as a challenging backdrop, prompting businesses to grapple with safeguarding contractual obligations amidst disruptions. The research emphasizes the critical need for clear and comprehensive force majeure clauses, specifically addressing the unique challenges posed by the Ukrainian war. With a focus on European civil and common law perspectives, the study aims to investigate the legal nature of force majeure, analyse the implications of including "war" as a force majeure event, and explore international legal frameworks governing war and force majeure. The thesis underscores the underexplored facet of war as a force majeure event, offering insights into its practical application in business contracts, particularly in conflict-prone regions. The research objectives encompass tasks such as drawing differentiations between force majeure and related categories, analysing historical case studies, and emphasizing the importance of well-drafted force majeure clauses. The methodology employs legal analysis, case studies, and a comparative approach to highlight differences in handling war as a force majeure event in business contracts across various legal systems and jurisdictions. This study contributes significantly to understanding and managing force majeure events, particularly concerning the legal treatment of war in business contracts. |
