Fulfillment of Civil Oblegations Durind War: Empirical Findings from Ukraine. Theory and Legal Practice

Abstract

The experience of Ukraine's encounter with Russian aggression has contributed to the development of the liability doctrine within EU private law.

Specifically, the concept of Force Majeure (FM) has been re-evaluated to include distinct criteria for exemption in case of breach of obligations.

Military aggression alone cannot be an absolute condition for exemption from liability due to FM. The mere existence of such exceptional and unavoidable circumstances does not absolve a party from its obligations or liability for breach thereof.

The obliger must provide not only the existence of FM itself, but also that these circumstances constitute FM for that particular contract.