Force majeure clause as a basis for exemption from legal liability

The article examines the problem of applying a force majeure clause in order to release a person from legal liability. Various doctrinal views on the nature, essence and content of the force majeure clause are analyzed. Examples of judicial practice with justification of the use of force majeure clauses in the context of exemption from legal liability are considered. Proposals are made to improve the current legislation and the practice of its application in the aspect of the scientific and practical problem being solved.

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Publication Details

Journal
Legal Science and Practice Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia
Published
2024-12-23
DOI
https://doi.org/10.36511/2078-5356-2024-4-59-65
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
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article

Force majeure clause as a basis for exemption from legal liability

Al'fir Huzhin, Svetlana Mayorova, Anastasia Odinokova
Legal Science and Practice Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia
Legal and Policy Issues
article

Force majeure clause as a basis for exemption from legal liability

Al'fir Huzhin, Svetlana Mayorova, Anastasia Odinokova
article en

Abstract

The article examines the problem of applying a force majeure clause in order to release a person from legal liability. Various doctrinal views on the nature, essence and content of the force majeure clause are analyzed. Examples of judicial practice with justification of the use of force majeure clauses in the context of exemption from legal liability are considered. Proposals are made to improve the current legislation and the practice of its application in the aspect of the scientific and practical problem being solved.

Legal Science and Practice Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of RussiaVol. 2024(4)
Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 55%
Legal and Policy Issues
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