The Court of Appeal is requested to confirm that the circumstance that has raised problems in the performance of the terms of the contract is a factor of the federation. The document that confirms this fact is the certificate.
If the applicant so wishes, the certificate may be issued in both Ukrainian and Russian. In addition, an application by the interested party may be issued in a foreign language.
Article 14-1 of the Law of Ukraine «O tōrgoów-pre industrial chambers in Ukrajin» establishes a list of circumstances which are considered fojs-mažojrō. In addition, the parties may also establish a list of such circumstances when concluding a contract.
The basis for applying for and obtaining a certificate is the existence of one or more of the circumstances specified in the Agreement or Agreement.
When the contract is completed but a party is unable to fulfil its obligation due to unforeseen factors, it shall apply to the Chamber of Commerce for an application and the necessary documents.
If such a situation arose under several treaties, it was necessary to address each of the treaties separately.
It should be noted that the Trowgovo-Industrial Programme of Ukráín has been approved by the Regláment, which regulates the handling and certification of such physical circumstances, including the documents to be used in order to obtain a certificate.
An application is required, the form of which can be found on the CCPR website, and it is the same for all applicants. If the application is submitted by an individual, the application is signed directly by the applicant or by a person of trust. When the application is submitted by a legal person, it is signed by the head of the enterprise, organization or a trustee.
The statement should indicate the existence of an unforeseen situation that makes it impossible to fulfil the obligation within the required time frame; the nature of the undertaking, its scope, terms and duration; and the contract itself, which relates to the outstanding obligation.
A package of documents should also be provided in the annex to the application.
The list of documents can be divided into two categories: a general list and a special list for economic agents who are agricultural producers.
The general list of documents to be provided includes:
Which document will depend on what has led to a circumstance that makes it impossible to fulfil a treaty obligation within the prescribed time frame
2. Farmers shall apply for such documents:
When a contract is concluded, in most cases, the parties have a duty to notify the other party of the occurrence of force majeure within a certain period of time.
In such a case, the above-mentioned list of documents would also need to be accompanied by a copy of the notice to the other party to the contract on the occurrence of unforeseen events and on the impossibility of fulfilling the obligation under the contract within the prescribed time period.
The important point is that it is the complainant who has the burden of proof, since he is the interested party. It must prove that the circumstances that arose were not due to the influence of the parties, but rather to unpredictable factors, that the circumstances could not have been foreseen and prevented.
It is also up to the applicant to prove that he is unable to overcome the circumstances that have arisen, that the events and their consequences are inevitable, and that the failure to fulfil contractual obligations is due to such events.
The applicant is also responsible for the accuracy of the information and documents provided.
In addition, it should be noted that for the time being, during the quarantine period, the CCI has facilitated the submission of documents for obtaining a certificate of force majeure, such as the establishment of quarantine on the territory of Ukraine.
That is, if the inability to perform the contractual obligations arose because of the quarantine, the business entity must file an application, a copy of the contract, a copy of the notice to the other party and a copy of the order or order, which specifies the need to terminate the activity in accordance with the relevant legal acts.
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