Banking Activity
Force majeure Unlike force majeure, under certain circumstances, ad hoc basis is free from liability for failure (improper fulfillment) of contractual obligations. Therefore, they are one of the mandatory (essential) conditions of certain contracts. Consequently, for the recognition of the circumstances "force majeure", the presence of certain conditions. First, the consolidation of these circumstances in contract. The parties should agree in the contract force majeure by direct reference to their list. At the same time, this list is exhaustive and should not be extended interpretation.
Second, the circumstances force majeure should occur after the conclusion of the contract. Third, the existence of force majeure is confirmed by specific laws and other regulations of the means of proof. Fourthly, the actual impossibility of performance during the period of force majeure. Thus, it can be noted that as a general rule of "force majeure" and "force majeure" does not refer to those circumstances, which undoubtedly exempt banks from the performance of monetary obligations on a timely refund of deposit with the (deposit) accounts. But do not rule out the possibility of their application, if the existence of symptoms, they are characterized, proved relevant and admissible evidence (Art. 58, 59 CPC) and evaluated in accordance with the law (Article 212 CPC). When deciding about the legal nature of the document on the NBU and the appointment of an interim administration a moratorium on satisfaction of pecuniary obligations courts should proceed from the fact that, according to the Law of Ukraine "On Banks and Banking Activity" under the state registration in Ministry of Justice is subject to regulatory and legal acts by which to understand the decision, action which is common for an indefinite or definite common characteristics to those persons and intended for repeated application in respect of persons.
Tags: law and order, Other