Treaties: Effects of armed conflict on treaties, including force majeure and termination of treaties

Armed conflicts can have serious effects on concluded treaties, including their enforcement, force majeure and the possibility of termination. Here's how it can happen:

Force majeure: An armed conflict may cause a force majeure situation where it is impossible to fulfill the terms of the contract due to unforeseen circumstances such as hostilities, blockade of ports or destruction of infrastructure. Many contracts contain provisions on force majeure, which release the parties from fulfilling their obligations in the event of unforeseen circumstances.

Conditions for the application of force majeure: in order for an armed conflict to be recognized as force majeure, the following conditions must usually be met:

• The conflict must be unpredictable.
• Conflict must be inevitable.
• The conflict must make the performance of the contract impossible.

Consequences of force majeure: a party to the contract that invokes force majeure may be released from fulfilling its obligations during the force majeure.

An armed conflict can also lead to the termination of the treaty. Terms of contract termination:

The conditions for terminating the contract as a result of the armed conflict are determined by Article 651 of the Civil Code of Ukraine, obligations are terminated partially or completely due to the occurrence of force majeure circumstances.

To terminate the contract due to force majeure, it is necessary:

Confirm the occurrence of force majeure circumstances. For this, the party that refers to force majeure must provide documentary evidence confirming its occurrence (for example, a certificate from the authorities, photo and video materials).

Notify the other party of the occurrence of force majeure. Notification can be made in writing (e.g. by letter) or verbally (followed by written confirmation).

To prove that force majeure circumstances make it impossible to fulfill obligations under the contract. This means that the party claiming force majeure must prove that it has taken all possible measures to fulfill its obligations, but due to force majeure circumstances, performance has become impossible.

It is important to note that:

The occurrence of force majeure circumstances does not always release a party from fulfilling its obligations under the contract.

The party invoking force majeure must act in good faith and take all possible measures to minimize the negative consequences of force majeure for the other party.

In some cases, the contract may provide for other terms of termination due to force majeure.

Recommendations:

Before concluding the contract, it is recommended to clearly define force majeure circumstances and the order of actions of the parties in the event of their occurrence.

In the event of force majeure, it is recommended to notify the other party as soon as possible and take measures to minimize negative consequences.

Consequences of termination of the contract: termination of the contract has the effect of terminating all obligations of the parties under the contract.

An armed conflict can significantly affect the situation of force majeure within the framework of treaties. Here are some specific aspects of this influence:

Changing infrastructure conditions: Military action can destroy infrastructure, block transportation routes, disrupt energy supplies, and other key services. This may be considered force majeure circumstances that make it impossible to fulfill the terms of the contract.

Unenforceability: Contract terms that require actions or supplies in conflict-affected areas may become unenforceable due to movement restrictions or security threats. It can also be considered as force majeure.

Change in economic conditions: Armed conflict can lead to significant economic changes, such as rising resource prices, reduced availability of financing or changes in exchange rates. This may affect the effectiveness of the performance of contracts and be considered as force majeure.

State action: in the event of martial law or mobilization, the state may introduce additional restrictions and regulations that make it difficult or impossible to perform the contract.

Given these factors, armed conflict can be very relevant to force majeure issues in the treaty context. The parties should carefully review the terms of the contract and take into account the possibility of similar circumstances when concluding and executing agreements.

Change of circumstances: an armed conflict may also lead to a change in the circumstances that formed the basis of the conclusion of the contract. For example, economic conditions, the cost of resources or the availability of services may change. In such cases, the parties may revise the terms of the contract or even demand its revision or termination.

Termination of treaties: If an armed conflict makes the fulfillment of a treaty significantly more difficult or impossible, the parties may decide to terminate it. However, this may require certain procedures to be followed or may be stipulated in the contract itself. For example, some contracts have change of circumstances clauses that can lead to automatic termination.

Legal implications: issues of legal liability may arise in the event of a breach of contract due to an armed conflict. The parties may dispute whether they were able to fulfill their obligations and what consequences this has for their rights and obligations.

Armed conflict can have different effects on the possibility of terminating contracts depending on specific conditions and circumstances. Here are some possible scenarios:

Change of circumstances: an armed conflict can lead to significant changes in the situation that formed the basis of the conclusion of the contract. For example, if the warring parties are in a conflict that makes it difficult or impossible to fulfill the terms of the contract, then the parties may consider this as sufficient grounds for terminating the contract.

Impossibility of performance: If armed conflict renders performance of the terms of the contract impossible, the parties may be released from their obligations or have the right to terminate the contract in accordance with its terms or in accordance with relevant legal provisions.

Missing deadlines: an armed conflict can lead to a violation of contract deadlines due to restrictions on the movement of goods or services, disruption of supply chains, etc. This may be grounds for terminating the contract or requiring a review of the terms.

Risk assessment: some contracts may contain a clause about a risky situation that foresees the possibility of an armed conflict and its impact on the contract. In such cases, the parties may have an understanding regarding the possibility of terminating or revising the contract in the event of a conflict.

In each specific case, the impact of the armed conflict on the contract may be different depending on the terms of the contract, the nature of the conflict and other circumstances.