Issues of the Legal Assessment of Entrepreneurial Risks and Force Majeure Circumstances in the Modern Judicial Practice

The article analyzes the concepts of entrepreneurial risk and force majeure situations within the framework of current Russian legislation. The author examines existing theoretical and doctrinal approaches to defining these categories by referring to works of well-known legal scholars as well as studying judicial practice, revealing significant discrepancies and disagreements regarding the qualification of specific circumstances as either an entrepreneurial risk or a force majeure event. Problematic aspects of legal regulation are identified, and recommendations for improving legislation and law enforcement practices aimed at eliminating existing gaps and achieving uniformity in interpreting civil law norms are proposed.

Authors

Publication Details

Journal
Arbitrazh-civil procedure
Published
2026-11-05
DOI
https://doi.org/10.18572/1812-383x-2026-11-37-41
Primary Topic
Comparative International Legal Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Issues of the Legal Assessment of Entrepreneurial Risks and Force Majeure Circumstances in the Modern Judicial Practice

Liliya V. Asilyan
Arbitrazh-civil procedure
Comparative International Legal Studies
article

Issues of the Legal Assessment of Entrepreneurial Risks and Force Majeure Circumstances in the Modern Judicial Practice

Liliya V. Asilyan
article en

Abstract

The article analyzes the concepts of entrepreneurial risk and force majeure situations within the framework of current Russian legislation. The author examines existing theoretical and doctrinal approaches to defining these categories by referring to works of well-known legal scholars as well as studying judicial practice, revealing significant discrepancies and disagreements regarding the qualification of specific circumstances as either an entrepreneurial risk or a force majeure event. Problematic aspects of legal regulation are identified, and recommendations for improving legislation and law enforcement practices aimed at eliminating existing gaps and achieving uniformity in interpreting civil law norms are proposed.

Arbitrazh-civil procedure
Openalex Percentile: Top 5%
Comparative International Legal Studies
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