overwhelming force in Russian law is revealed as unavoidable extraordinary circumstances that could not be provided to parties in the transaction led to the non-performance of the contract.The sudden environmental factors covered by the definition, lead to the release of the contracting parties of the compensation for damages to the victim to their opponents.
overwhelming force in civil law disclosed in the form of signs, the essential features and criteria that indicate these circumstances.This method of fixing it is impossible to assess unambiguously.On the one hand, in fact, descriptive definition - is the need to prove or dispute the opportunity to characterize each particular emergency event resulting breach of contract, as a force majeure in court.
On the other hand, securing a list of factors which approach entails the release of one of the parties from liability, risks depriving the legislator protect the rights of the subjects in the event of unforeseen list, but in fact fall within the definition of emergencies.
Despite the absence of the law referred to the list, the legal practice shows a definite pattern, according to which the force majeure occurs in the following situations:
- spontaneous natural phenomenon (eg, earthquake, flood, fire, etc.);
- sociogenic factors: epidemics, strikes, acts of terrorism, acts of war;
- edition legislation authorized persons, entailing the loss of the possibility of one of the parties to a contract partially or fully prevent the loss of the other participant (quarantine, limiting traffic);
- prohibitive acts of government (for example, the closure of the border).
the Civil Code also contains a list of factors that can not be attributed to reasons of force majeure.It ranked as the misconduct of the debtor counterparty or absence of the latter in the required funds to fulfill the obligations under the contract volume, and the lack of the right kind of goods on the market.In addition, analysis of judicial practice shows that to the described type of circumstances is not the bankruptcy of a legal entity.Thus, if the reason for non-fulfillment of obligations under the contract was the factor related to the entrepreneurial risk offender bears financial responsibility.
Force majeure implies different effects, depending on the branch of legislation regulating the relations that are affected by extraordinary circumstances.
For example, in employment law in the event of an emergency situation of this kind, the worker, the actions which have been identified violations of instructions that could not within his authority reasonable means to prevent the onset of devastating consequences, shall be exempt from liability.
Force majeure circumstances in taxation leads to removal from the subject of the blame for a tax offense.
