Exemption from Contractual Responsibility

Abstract

The paper considers topical problems of protection of civil rights and duties when a protective function of civil law in contractual and non-contractual relations is being implemented. The author analyzes the grounds for exemption from contractual liability. The article proposes to distinguish between categories of exemption from and exclusion of liability. Force Majeure is considered to be the main defense to contractual responsibility. The article describes the distinctive features of force majeure, namely: its extreme and unavoidable nature. Defenses to contractual responsibility, inter alia, include: fault of the respondent (intent or recklessness), actions of third parties, authority vested with the wrongdoer (for example, a person does not reimburse the harm caused as the result of necessary self-defense). The author argues that the creditor is not deprived of the opportunity to withdraw from the contract, if, as a consequence of delay arising in connection with force majeure, he is not any more interested in performance. However, the debtor is not liable to the creditor for losses caused by delay in performance of obligations due to force majeure. Peculiarities of exemption from liability are shown on the example of transport and contracting arrangements.