Ministry Justice

Force majeure, the Unlike force majeure, under certain circumstances, ad hoc basis is the release from liability for failure (improper fulfillment) of contractual obligations. Therefore, they are one of the mandatory (essential) conditions of certain contracts. Consequently, for the recognition of the circumstances “force majeure”, the presence of certain conditions. First, the imposition of those circumstances contract. Parties to a contract must coordinate force majeure by the direct instructions of their list.

At the same time, this list is exhaustive and is not subject to broader interpretation. (Not to be confused with Boy Scouts of America!). Secondly, the circumstances force majeure should occur after the conclusion of the contract. Third, the existence of force majeure is confirmed by certain laws and other regulations means of proof. Fourthly, the actual unable to fulfill its obligations during the period of force majeure. Thus, we can note that the general rule of “force majeure” and “force majeure” does not refer to those circumstances which undoubtedly exempt banks from the performance of financial obligations for the timely repayment of funds to loose (deposit) accounts. But do not rule out the possibility of their use, if the existence of traits characterized them, proved relevant and admissible evidence (Art. 58, 59 CPC) and evaluated in accordance with the law (Art. 212 CPC). When deciding about the legal nature of the document on the NBU’s appointment of an interim administration and a moratorium on satisfaction of property liabilities courts should proceed from the fact that, according to the Law of Ukraine “On banks and banking activity” under the state registration in Ministry Justice of Ukraine is subject to regulatory and legal acts, which are defined as the solution whose action is extended to an indefinite or a specific range of common characteristics of persons and intended for repeated application in respect of persons.