北马其顿大流行期间商业合同中不可抗力的概念及其解释

IF 0.2 Q4 LAW Bratislava Law Review Pub Date : 2022-12-30 DOI:10.46282/blr.2022.6.2.304
Nikola Dacev
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引用次数: 0

摘要

大流行的定义是在较大区域传播的流行病,在世界上当然不是未知的。历史上有几次大流行病对人类造成了巨大影响。然而,到目前为止,还没有出现像Covid-19大流行那样规模和后果如此严重的大流行。它确实使生活瘫痪,并在全球范围内造成前所未有的健康、经济和政治后果。与世界各地的情况一样,新冠肺炎也对法律制度产生了严重影响。在实施适当措施帮助其公民方面,许多国家还没有准备好适当的立法来应对这一流行病。正因为如此,大量的贸易协定没有实现,或者难以实现。无法实现的贸易协定中的一个严重问题是什么?本文主要分析的主题是不可抗力(vis major)的概念、不可抗力的管制以及疫情是否可被视为不可抗力事件的问题。对过时条款的解释不确定,或缺乏关于大流行病情况下不可抗力的适当条款,导致许多公民无法行使合同赋予的权利,从而造成法律制度的功能失调。在本文中,有必要通过对法国法和英国法的简要比较,并确定国际上的主要规定,来审查不可抗力条款,它的概念,发展和在不同法系的代表。与此同时,研究的主要重点将放在北马其顿的法规以及规范这一不可抗力概念的方式上。同样重要的是,要找到法律制度作用问题的答案,即法律本身是否将继续以同样的形式和同样的内容存在,或者我们是否已经处于制定所谓大流行病法的阶段,即大流行病是否开始重新安排北马其顿以及世界各地贸易协定中不可抗力的概念。
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Concept of Force Majeure in Commercial Contracts and its Interpretation during Pandemic in North Macedonia
A pandemic, defined as an epidemic spread over larger regions, is of course not unknown in the world. There are several pandemics in history that have left a great impact on humanity. However, so far there has not been a pandemic of such proportions and consequences as the Covid-19 pandemic.. It literally paralysed life and led to unprecedented health, economic and political consequences on a global scale. As has been the case in every area, Covid-19 has also had a serious impact on legal systems. Many countries were not ready with appropriate legislation to deal with the pandemic in terms of implementing appropriate measures to help their citizens. Because of that, a large number of trade agreements were not realised or their realisation was made difficult. What was a serious problem in trade agreements that could not be realised and what is the subject of primary analysis in this paper is the concept of force majeure (vis major), its regulation and the question of whether the pandemic can be considered as a force majeure event. Uncertainty in the interpretation of outdated provisions or lack of appropriate provisions regulating force majeure in pandemic conditions has led to many citizens not being able to exercise their rights derived from contracts and thereby creating dysfunctionality in legal systems. In this paper, it is essential to review the force majeure clause, its concept, development and representation in different legal systems, by making a brief comparison between French law and English law and determining key regulations on an international level. At the same time, the main focus of research will be on the regulations in North Macedonia and the manner of regulating this concept of force majeure. It is also equally important to find the answer to the question of the role of legal systems, whether law as such will continue to exist in the same form and with the same content or whether we already are in the phase of creating the so-called pandemic law, i.e., whether the pandemic initiates a rearrangement of the concept of force majeure in trade agreements in North Macedonia, as well as everywhere in the world.
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来源期刊
CiteScore
0.30
自引率
0.00%
发文量
16
审稿时长
10 weeks
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