THE IMPOSSIBILITY OF FULFILLMENT OF THE CONTRACTS DUE TO FORCE MAJEURE

Aneta Boskovska PhD Student /Здружение за хумано домување Хабитат Македонија - Скопје

Abstract: The situation caused by the global pandemic reflected various changes in social relations on a global scale. The contractual relations and their fulfillment by the contracting parties were not immune to such numerous changes. The impossibility of fulfillment imposed by an external factor, ie force majeure affects the entire course of the contractual relationship, from its occurrence, through its realization, ie duration until its termination. The impossibility of fulfillment can be complete and partial; initial or additional impossibility; objective or subjective. The higher power is an institute that has its roots in Roman law, and which through specific legal provisions is applied in modern legal systems. Force majeure is any natural event or human action, which could not have been predicted or prevented, and due to which damage was caused, by the fact that human action could not be attributed as the fault of the person, to whom otherwise responsibility would fall. For the impossibility of fulfillment to be subjected to force majeure, several conditions need to be met. This paper will also elaborate on the legal consequences that arise for the contracting parties, but also for the obligation itself due to the objective inability to fulfill the contract. Contractual relations and their consistent fulfillment have a direct impact on the day-to-day relations between the subjects of law. That is why the topic of the impossibility of their fulfillment due to force majeure deserves to be considered in more detail given the new social relations on a global scale.

Keywords: fulfillment of contract, impossibility of fulfillment, force majeure, liability for non-fulfillment, legal consequences of non-fulfillment