TRANSFORMATION OF THE INSTITUTE OF IRRESISTIBLE FORCE: HISTORICAL AND LEGAL ANALYSIS

In recent years, there has been an obvious popularization of the institution of force majeure as a way of exemption from civil liability caused by the inability to fulfill obligations assumed under the contract. Such actualization is primarily associated with changing external factors — political, social, economic, and epidemiological. The article analyzes the existing problems of the concept of force majeure circumstances, their practical application on the basis of historical and legal analysis. The institution of force majeure has been known since the time of Roman law, and further doctrinal and legislative developments have formed several approaches to understanding the circumstances of force majeure. In the current conditions of development, there is an increasing need to analyze historical and legal features, through which the search for modernization of legislation in terms of the concept, signs and application of the institution of force majeure circumstances becomes possible. The main purpose of the study is to determine the relationship between the features of the historical and legal development of the institute of force majeure circumstances and the problems of the modern institute of force majeure circumstances. The main research methods used are methods of analysis, comparison, including comparative legal analysis and historical and legal analysis. The author concludes that historically the approach to force majeure has changed depending on the development of public relations and the emergence of new extraordinary circumstances, which is typical of modern law