The COVID-19 is the contemporary element of worriment that has gripped the entire world since its emergence at the end of 2019 and it being declared a pandemic on 11 March 2020. As a means of ...protection, several countries around the world declared national lockdowns on every business and social activities; no one was allowed in or out of their country. Many businesses took a hit from the lockdown; contractual business or activities were the worst hit by this pandemic. Countries took several measures to help their people who had already be devoured by the economic and financial hardship. To many in the line of work associated with contract saw it prudent to enforce force majeure considering it as the only way of not fulfilling obligations addressed in the contract document on grounds of events that are beyond control (Private civil law). In many instances, the application of such a provision has always faced several obstacles since the interpretation of this clause by the courts is usually narrow. Many applications of force majeure get thrown out due to lack of compelling reason but today, that would be impossible. The research therefore will focus on the outbreak of COVID-19 as unforeseeable events that effected contractual relation thus the need for force majeure.
Under Polish law, indebted companies can be liquidated without satisfying all the creditors. Therefore, debts may remain without a debtor. This issue is controversial in the Polish judicature. One ...way of thinking considers debt to be so closely joined with the debtor that when the debtor’s existence ends with no successor, the debts also end their existence. The other opinion holds that debts of the liquidated company do not cease to exist and may be claimed from the guarantor. As a rule, in Polish law debt is not strictly connected to the debtor or creditor and a change of debtor or creditor is possible. An old Ius Commune rule nomina ossibus inhaerent is not recognized in Poland. Thus the opinion that debts do not vanish after the liquidation of a company is more correct from the dogmatic point of view. Such a stance is also supported by a recent change in the Law on National Court Register.
The article is devoted to national court powers in cases for damages for the claim security in Regulation (EU) No 1215/2012. The paper presents basic information about general provisions and special ...jurisdiction. The study is focused on damages for the claim security in the Polish civil procedure and the essentially legal meaning of tort, delict or quasi-delict in European civil law. An interpretation of the aforementioned subjects in the jurisdiction of Polish courts and the Court of Justice is presented. The author tries to answer the question of whether a person domiciled in one Member State may be sued in another Member State as regards as a civil claim for damages for the claim security awarded and carried out in another Member State.
Résumé de la thèse - La rupture du contrat de bail par le bailleur. Etude de trois baux à statut : le bail d'habitation, le bail commercial et le bail ruralLe contrat de bail est un contrat usuel où ...le locataire est dans une situation de dépendance particulière à l'égard du bailleur. Contrat d'adhésion, le contrat de bail est conclu entre un locataire, réputé être la partie faible et un bailleur, considéré comme la partie forte du contrat. Afin de prévenir la sortie du locataire au gré du bailleur, le législateur est intervenu pour protéger le locataire et organiser le maintien de la relation contractuelle. Les nombreuses législations en la matière ont contribué à rendre les règles gouvernant les baux à statut peu accessibles et lisibles, ce qui nuit à la sécurité juridique et au marché locatif.Une étude approfondie de la rupture du contrat de bail par le bailleur révèle que ce dernier est limité dans sa volonté de rompre la relation contractuelle. D'une part, la rupture est soumise à des conditions strictes et nombreuses. D'autre part, la législation favorise dans de nombreuses hypothèses la continuation de la relation contractuelle au détriment des intérêts du bailleur. La rupture du contrat de bail apparaît donc délicate pour le bailleur, confronté à une multitude d'obstacles. Il est donc utile de procéder à l'identification des modes de rupture du contrat de bail dont dispose le bailleur et, en contrepoint, des moyens mis en place par le législateur pour organiser la continuation de la relation contractuelle en privant le bailleur de la possibilité de rompre celle-ci.La thèse a pour objet de mettre en lumière que la situation du bailleur est difficile, tant les possibilités de mettre fin au contrat de bail sont encadrées. Elle a ainsi vocation à servir de grille de lecture au bailleur, afin de le guider au travers des voies méandreuses qui peuvent lui permettre, parfois, de sortir du contrat de bail.Enfin, l'étude des trois baux à statut, que sont le bail d'habitation, le bail commercial et le bail rural, permet de les comparer et d'observer les différences de traitement du bailleur à la fin du bail, alors que les statuts ont le même dessein, à savoir protéger le locataire et assurer la stabilité contractuelle.
Abstract of Thesis - The breach of lease contract by the lessor. Study of three particular lease contracts : residential lease, commercial lease and agricultural lease.The lease contract is a standard contract where the lessee is dependent on the lessor. Typical exemple of an agreement contract, the lessee is deemed to be the weaker part while the lessor is considered the strongest one of the contract. In order to prevent the release of the lessee at the option of the lessor, the legislator has intervene to protect the lessee and organise the continuation of their contractual relationship. The many laws as regards have helped to make the rules around low status leases, less accessible and readable which undermines legal security and rental market.A thorough study of breach the contract by the lessor reveals that he is limited in his freedom of breaking the contractual relationship. On the one hand, the breach of the contract is subject to strict and many conditions. On the other hand, the legislation promotes in most cases the continuation of the contractual relationship to the detriment of lessor's interests. The breach of the contract appears delicate for the lessor and full of obstacles. So we're talking to proceed with the identification of breaking modes of the lessor and, to happen concurrently, means established by the legislature to organize the continuation of the contractual relationship preventing lessor to end it.The aim of this thesis is to emphasize the fact that lessor's situation is complicated, so the possibilities to put an end lease are regulated. It also is meant to be a reading grid for the lessor, in order to guide him in the intricacies of the ways which could allow him out of the lease contract.Finally, the study of the three lease contracts with statutes, residential lease, commercial lease and agricultural lease, enables to compare them and notice the treatment differences of lessor at the end of contract, whereas the statutes have the same purpose, meaning protect the lessee and ensure the contractual stability.
Art 16 sets out how the consent of a State to be bound by ratification, acceptance, approval or accession is completed on the international plane. It thereby fixes the critical date as of which ...contractual relations with the other States are established. However, by enumerating the exchange between the contracting States, the deposit with the depositary or the notification to the contracting States or to the depositary as three different possibilities, it again underlines the flexibility of the Convention with respect to treaty making.
Legal aspects of the social regulator of contractual relations in labor law of Ukraine have been revealed. The concept of social partnership and social dialogue as a legal regulatory mechanism of ...collective relations has been studied. Legal regulation of labor conditions at different levels, through agreements, reflecting the will and interests of the parties to the agreement, has been analyzed.
It has been found out that the personal nature of work, the definition of the specific labor function, duration of working time, remuneration of labor, etc., shall be reflected in a contractual relationship, which requires new forms of relationship between a state, an employer and an employee. Such new forms are acts of social partnership representing the interests of employees, employers, and the state in general. Special attention in this process has been paid to the collective agreement, wherein the interests of the labor collective and the employer are reconciled. The significance of the collective agreement is enhanced in the context of the market economy transformation and the development of new forms of management.
Based on international experience it has been proved that problems of economic and public life are addressed optimally, if the orientation is implemented not towards the confrontation, but towards the achievement of social compliance, adjustment of social partnership on the principles of cooperation between employers and employees, which are realized in forms of negotiations, the conclusion of collective agreements and collective arrangements, coordination of draft regulatory and legislative acts and consultation in decision-making by social partners at all levels.
It has been defined that social partnership is implemented by means of social dialogue, as a set of coordination procedures of interests of association of employees, employers and the state. Social dialogue helps to provide social harmony and stability in the society, it addresses diverse social and economic problems; it is the universal mean of collective relations for each country, it takes into account its traditions and particularities, and it is based on the significant practical experience of real cooperation.
The study focuses on the issue of notification of the initiator of unilateral withdrawal from a contract to its counterparty of such withdrawal. In particular, the problematic issues of determining ...the form and procedure for such notification and establishing the time when an agreement unilaterally withdrawn by one of its parties will be considered amended or terminated are considered. Current civil law does not provide clear answers to these questions. The necessity of differentiating the legislative rules which will determine the procedure for informing the interested party of the unilateral withdrawal from a contract by the other party, and also establish the moment when the legal consequences caused by unilateral withdrawal from a contract come into force, is pointed out. The criteria for such differentiation are the subject matter and type of contractual relationship, as well as the reasons for withdrawal from the contract, i.e. whether it arose due to a breach of contract by the counterparty or is related to other reasons. When the withdrawal is caused by a breach of contract, the injured party generally does not have to notify the offending party in advance of its intention to unilaterally withdraw from the contract. It is acceptable to give notice after the fact, but with the obligatory immediate notification of the offender or within another reasonable time. In the case of withdrawal for other reasons, the initiator of the withdrawal must usually inform its counterparty in advance. In the latter case, the notice of withdrawal has the form of a warning in the proper sense of the word. It is noted that, as a general rule, a withdrawal must be made in the same form as the contract that is being withdrawn by one of its parties. In the first case of withdrawal, i.e. when it is caused by an offence, legal consequences may arise with the first acts of defensive action taken by the injured party. There may be situations where legal consequences of this type of waiver arise from the moment the offending party receives the notice. In the second case of withdrawal - "for other reasons" - the legal consequences of the withdrawal will appear not earlier than the moment when the interested party is informed of the unilateral withdrawal from the contract by its counterparty. It is proposed to amend the rules on withdrawal from transactions, which should contain the most general provisions on the implementation of informed unilateral withdrawal from a contract.
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