As to the non-fulfillment of contractual obligations in the event of a quarantine

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The prohibition of the activity of certain types of economic activity during the quarantine period creates temporary conditions for the impossibility of fulfilling contractual obligations by the business community. Specifically, total or partial impossibility of rent payment or services provision (performance of works) under the terms of the Agreement. 

However, it cannot be ruled out that business entities carrying out economic activities for the supply of goods (including those imported), will also be subject to certain restrictions due to delays in checking the drivers of the vehicles at the checkpoints/border, which may lead to delay in the delivery of goods to the buyer.

The First Legal LLC has considerable experience in the provision of contract law services, whether drawing up agreements and amending thereof accordingly, or adequately resolving any unadjusted issues between counterparties by negotiating, pre-trial settlement (sending a claim) and/or resolving thereof in a judicial proceeding.

Economic disputes

Taking into account the current circumstances, which is the quarantine enforcing from March 12, 2020 to April 24, 2020, the need to “come to the negotiating table” to sign the relevant Supplementary Agreement to the Agreement in order to find the protection of rights most effective for both Parties is often an appropriate way of resolving conflicts or misunderstandings. In cases when such a possibility is limited or inappropriate, our company may assist in obtaining from the Chamber of Commerce and Industry (or a regional body authorized by it) a Certificate that will allow to discharge the counterparty from liability for the non-fulfillment (partial fulfillment) of its obligations under the Agreement.

It is worth noting that bad-faith counterparties may also unreasonably use quarantine as a ground for the non-fulfillment of their obligations under the Agreement, in connection with which the First Legal LLC will provide you with a qualified assistance in the prevention of abuse in your contractual relationship with such a bad-faith counterparty.

By contacting the First Legal LLC, you will get the result in the shortest possible time by finding the best options for discharge from liability for the non-fulfillment (or partial non-fulfillment) of obligations during the quarantine enforcing based on legal leverage.

Ольга Чухляк

Author: Ольга Чухляк

Practising Lawyer First Legal, Kiev


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