Grounds for Exemption from Contractual Liability in Civil Law

Abstract

The article deals with topical issues of protection of civil rights and responsibilities in the implementation of the protective function of civil law in contractual and extra-contractual relations. The author analyzes the grounds for exemption from contractual liability. The article proposes to distinguish the categories of exemption and exclusion from liability. The main reason for exemption from liability is an irresistible force (force majeure circumstances). The article highlights the signs of irresistible force - extreme and unavoidance. Circumstances that exempt from liability also include: the fault of the victim (intent or gross negligence), actions of third parties, an authority assigned to the offender (for example, a person does not reimburse harm caused in the state of necessary defense). According to the author, the creditor is not deprived of the opportunity to cancel the contract, if, due to the delay caused by the force majeure circumstances, he lost interest in the performance. At the same time, the debtor is not liable to the creditor for losses caused by delay in the fulfillment of obligations due to force majeure circumstances. Peculiarities of exemption from liability are shown on the example of transport and contractual relations.