IRRESISTIBLE FORCE IN THE LEGISLATION OF CHINA AND JAPAN: THEORY AND ANALYSIS OF JUDICIAL PRACTICE

Abstract

The need to systematize different ideas about the circumstances of force majeure, primarily dictated by the fact that in the modern period is quite controversial and largely crisis, of particular importance are the threats of climatic, man-made disasters, epidemics and others. All these factors fill with new meaning the phenomenon of force majeure and dictate the need for understanding and adequate legal assessment of its circumstances in modern law. Despite the large number of works devoted to the study of the institute of force majeure, it should be noted that in the legal literature has not formed an established, full definition of this concept. The purpose of the presented work is the ratio of the approaches implemented in the Far Eastern legal family to the understanding of the category “force majeure” to determine the optimal legal model of such circumstances in the law of Ukraine. In the course of the research it was established that the normative definition of force majeure, which will be given in the Civil Code of Ukraine, significantly contradicts the provisions of UNIDROIT and the Vienna Convention on Contracts for the International Sale of Goods of 1980. which imply the occurrence in the future or the actual existence of different years of obstacles that may be grounds for non-compliance with the terms of the contract. These additions could help save the parties from potential damage. In order to be able to borrow positive world experience in settling the institution of innocence in Ukraine, it is necessary to take into account the provisions of Chinese Contract Law, which provide special guarantees of constant compliance by the parties on the basis of good faith and help ensure real creditor security.