
Confirmation of significant changes of circumstances (hardship)
In the conditions of quarantine or other critical situation the parties who have concluded the contract earlier can become no longer profitable to continue its performance. In this case, the interested party may initiate a change or termination of the contract.
According to Art. 652 of the Civil Code of Ukraine, a change of circumstances is considered to be significant if the parties could have foreseen these circumstances they would not have concluded this contract, or would have concluded it on other terms. The contract can be terminated or changed by agreement of the parties or on the basis of a court decision.
If you need to confirm that the circumstances have significantly changed, your property interests are affected and you could not foresee this while concluding the contract, the conclusion of the Chernihiv Regional Chamber of Commerce confirming the material change can become useful for you. By applying to the Chamber, you can lot upon an individual approach, an expert analysis of your obligations and, as a result, a comprehensive document that will take into account current case law.
The conclusion will be a solid argument in negotiations with contractors to bring the contract in line with changed circumstances or may be important evidence of your position in court.
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