Abstract:

This article examines the pandemic and its significance in the context of force majeure circumstances, focusing on its legislative regulation under both national and foreign legal systems. It analyses the legal nature of the pandemic as an event beyond human control that significantly hinders legal entities from fulfilling their obligations. Special attention is paid to the impact of pandemics on the performance of contractual obligations, an issue that gained significant relevance during the COVID-19 pandemic. A pandemic, as an unforeseen, unavoidable, and uncontrollable event, is often recognized as a form of force majeure that legally justifies the non-performance of obligations. The article reviews the legislation of various countries and the norms of international law governing the legal perception of pandemics. It also emphasizes the need for legislative improvements and the recognition of pandemics as force majeure to enhance the protection of legal entities and ensure greater coherence in legislation.

The discussion highlights the challenges of recognizing the pandemic as an irresistible force, as well as the key aspects arising from the pandemic that serve as grounds for non-performance of contractual obligations.

The article explores whether the pandemic can be categorically regarded as a force majeure event and proposes the need to incorporate the legal prerequisites for recognizing the pandemic into legislation. This approach aims to refine and enhance national legal frameworks.

Keywords:

Irresistible force, Altered circumstance, Contractual relations

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