Зміна або розірвання договору у зв’язку з істотною зміною обставин

The article describes the theoretical and practical issues of changing or terminating the contract due to a significant change of circumstances. It is determined that a significant change of circumstances under the civil legislation of Ukraine is a special category of unforeseen circumstances, in the occurrence of which proper implementation is possible, but due to their unpredictability is significantly complicated. Circumstances of force majeure (force majeure) can theoretically always be qualified as a significant change of circumstances. The main difference between a significant change of circumstances and force majeure is the consequences: the party referring to such a change of circumstances may require a change in the terms of the contract for fair performance, as well as termination of the contract (Article 652 of the Civil Code of Ukraine). If the party refers to the circumstances of force majeure, proper performance of the obligation by the debtor is impossible, and therefore the party is released from liability for breach of obligation. In this case, the parties to the contract are not deprived of the right to predict the consequences of force majeure in the form of termination or amendment of the contract. As a general rule, the parties have no right to demand a change or termination of the contract under Art. 652 of the Civil Code of Ukraine. The legislator prefers the termination of the contract in the event of a significant change of circumstances than the possibility of amending the existing contract by court order. The main consequences of a significant change in the circumstances that guided the parties in concluding the contract are: 1) change in the terms of the contract while maintaining the contract in force by agreement of the parties or by court decision in exceptional cases where termination of the contract significantly exceeds the costs necessary to perform the contract on terms changed by the court, or 2) termination of the contract by agreement of the parties or by court decision. Based on the study, changes to the civil legislation of Ukraine are proposed.