Війна як форс-мажорна обставина договору перевезення вантажу у господарських правовідносинах

English

War as a force majeure circumstances of a cargo transport contract in economic legal relations

Abstract. This study is devoted to the issue of war as a force majeure circumstance in cargo transportation contracts used in the process of implementing economic legal relations. The article focuses attention on the relevance of studying the relevant issue from the side of the person for whom force majeure circumstances have arisen, because it is this person who must prove the fact of the impossibility of fulfilling the contractual obligations, because otherwise the latter will be held liable in accordance with the terms of the contract and in accordance to the requirements of the current legislation. Transportation contracts are an integral part of the development of economic activity for business entities, because they allow the necessary transportation of cargo from point A to point B and ensure the uninterrupted work of those who concluded it. Today's realities indicate the need to create a reliable platform for the sustainable functioning of all spheres of life, including for the further functioning of economic activity. Such a platform is a legislative platform, which establishes not only certain restrictions for the conclusion of cargo transportation contracts, but also outlines possible options for contractual obligations in the field of cargo transportation. The presence of war in the state always negatively affects the economic development processes of any country, because every day this terrible phenomenon creates a large number of obstacles on the way to the prosperity of any society. The war in Ukraine is no exception, which changed the usual rhythm of life of the Ukrainian community forever. In connection with this, the article focuses on the war as a force majeure circumstance that affects contractual obligations in the field of cargo transportation. Also considered are the problems that war creates for contractual relations of the corresponding type, namely, the urgent problems that arise, in particular, in the transport infrastructure, since they are the factors that directly affect the possibility of fulfilling social relations In addition, attention is focused on distinguishing the essence of the concept of force majeure as such and what place war occupies among such circumstances in general. Attention is also paid to the legislative regulation of the peculiarities of proving war as a force majeure circumstance in the legal field, and judicial practice is partially considered, which, despite the relatively short period of time that has passed from the beginning of the war to the present, already fully exists and is expanding. The main aspects of proving the war as a force majeure circumstance are considered, namely, what documents need to be collected and to whom to provide them, in order to prove that only with the onset of the war, the fulfillment of the cargo transportation contract became impossible, and therefore it became impossible to fulfill the terms of the corresponding contract.

Keywords: contract of cargo carriage; force majeure; force majeure; war