• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site
Menu

Article

СУЩЕСТВЕННОЕ ИЗМЕНЕНИЕ ОБСТОЯТЕЛЬСТВ КАК ОСНОВАНИЕ ДЛЯ ИЗМЕНЕНИЯ ДОГОВОРА

Синицына М. А., Логинова А. С.

Currently, the foreign trade transactions make a big difference in international trade.  The parties of a contract should have specific skills in this sphere and take much pain to analyze contracts provisions to avoid common mistakes in the process of contracts formation. The reservations with changed facts including in a foreign trade contract shield against risks, which could appear in the case of international trade. In practice, some circumstances preventing the enforcing obligations appear because of the long-term nature of foreign trade contract. So, the reservations incorporated into a contract regulate the disputable situations.

The purpose of the research is to analyze the relevant issues of inclusion of reservations with changed facts in a foreign trade contract and to define how this reservations influence the treaty relations between parties to the agreement.

In the course of the research the general methods of scientific investigation have been used, i.e. the systematic and dialectic methods; the general scientific methods – induction and deduction, analysis and synthesis, proceeding from abstract to specific, etc.; a legally specific method – the formal-economic and the comparative-economic methods.

The article examines the main characteristics of foreign trade transactions as well as identifies the key national legal acts and international rules regulating this sphere of relations. Furthermore, the article characterizes the principle of the obligation of a contract, formulates the two key concepts: the concept of difficulties and the concept of force majeure.  The research conducted has revealed that the parties will avoid some problems existing in practice, if a foreign trade contract includes reservations with changed facts. Hence, the parties should take care of development of contract provisions and take into account the circumstances which could exist in the foreign trade.