In the year 2000, my partners and I launched the PETERKA & PARTNERS law firm in Prague, Czech Republic. Over time we developed an ambitious idea - to create an integrated regional law firm, which at first seemed almost impossible. However, after years of dedication and hard work, we became a strong alternative to the global giants and local law firms active in the CEE region through their networks or best friends.
Let us kindly inform you that according to recent legislative changes with respect to COVID-19, the introduction of a quarantine established by the Cabinet of Ministers of Ukraine has been included in the list of force majeure circumstances (part 7 Section 1 of the law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Aimed at Providing Additional Social and Economic Safeguards in Relation to the Spread of Coronavirus Disease COVID-19” as of 30.03.2020) provided by Part 2 Article 14-1 of the Law of Ukraine “On Chambers of Commerce and Industry in Ukraine”.
As a result of the introduction of the quarantine throughout Ukraine from 12 March 2020 until 24 April 2020 (prolongation expected), some business entities are not able to fulfil their contractual obligations and would like the opportunity to use the quarantine as a circumstance under which an entity shall be released from liability for breach of its contractual obligations.
Please, find below a brief summary of the practical aspects of the use of the COVID-19 quarantine as a force majeure circumstance in contractual relations.
According to Article 617 of the Civil Code of Ukraine, a person who has violated the obligation shall be exempted from liability for breach of the obligation if he/she proves that such violation was due to an accident or force majeure.
Not considered as a case of force majeure, in particular, shall be the failure of the debtor's counterparty to fulfil its obligations, the absence of the goods needed to fulfil the obligation on the market, or the lack of necessary funds.
The following aspects should be taken into account when considering the option of force majeure:
For any further information and assistance with respect to the above, and any other COVID-19 related legal matters, please do not hesitate to contact our COVID-19 Help desk at email@example.com.