| Abstract [eng] |
COVID-19 Pandemic and Fulfilment of Obligations This master thesis analyses the impact of an unexpected worldwide pandemic on the fulfilment of obligations. It is clear that the epidemiological situation and the restrictions imposed on its basis have caused major challenges not only in the areas of health, human rights, but also in the economic and business fields. Accordingly, after stopping not only the normal way of life, but also economic and social activities, the participants in the contractual legal relationship are faced with the dilemma of how to proceed. One of the ways to solve the difficulties caused by the epidemiological crisis, discussed in the work, is the possibility for the participants of contractual legal relations to use the provisions of the institute of force majeure. Based on the criteria of the institute of force majeure, established in the doctrine of Lithuanian law and the jurisprudence of the Court of Cassation, this master thesis assesses in which cases the provisions of this institute could actually be applied to participants in contractual legal relationships. The analysis of individual cases allows to state that, depending on the compliance of force majeure criteria with specific factual circumstances, the provisions of this institute can be applied in the context of the COVID-19 pandemic. This work also analyses another option to address the challenges posed by the COVID-19 pandemic. On this basis, the provisions of the institute of fundamentally changed circumstances enshrined in Article 6.204 of the Civil Code are examined, linking them with the epidemiological situation and the restrictions imposed on its basis. An analysis of the various examples, based on the context of the COVID-19 pandemic crisis, makes it possible to identify and discuss cases, where this institute could be used by individual participants in a contractual legal relationship. The analysis suggests that, during the COVID-19 pandemic, an instrument for rebalancing contractual obligations can be an effective remedy. The analysis of the institutes of force majeure and fundamentally changed circumstances in the context of the COVID-19 pandemic and the restrictions imposed on its basis, allows to conclude which of these remedies is more effective and relevant. The institute of fundamentally changed circumstances should be considered as such a remedy, based on the arguments set forth in this master thesis. |
