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Tymchuk Yu.A. COVID-19 as a Catalyst for the Transformation of Contractual and Enforcement Practices

DOI: https://doi.org/10.15688/lc.jvolsu.2020.3.4

Yuliya A. Tymchuk, Candidate of Sciences (Jurisprudence), Assistant Lecturer, Department of Civil and International Private Law, Base Department of Southern Scientific Center of the Russian Academy of Sciences, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-0854-3179

Introduction: the article provides an overview of the impact of the coronavirus pandemic (COVID-19) on treaty and enforcement practices. The most common methods of conclusion of civil-law contracts, as well as problems of fulfillment of contractual conditions, which arose against the background of spread of coronavirus infection, are considered. Legislative innovations were analysed, which led to a change in the procedure for the execution of certain types of civil law contracts, court practice, in which the legal position of the parties was based on arguments about the coronavirus pandemic. Methods: this study used both public science (dialectical method of cognition, analysis, synthesis, formal-logical method, prognostic, etc.) and private science methods (formal-legal, method of legal interpretation, etc.). Results: it is justified to increase the demand for digital technologies in the context of measures taken by the state to prevent the spread of coronavirus infection. New trends in contract practice have been identified and considered. The possibilities of legal qualification of coronavirus as a force majeure, the circumstance that makes it impossible to fulfill obligations, a significant change of circumstances, including taking into account the available judicial practice at the time of writing, have been determined. Online settlement of disputes arising from non-performance of contractual obligations has been proved to be useful. Conclusions: based on the results of the study, the interdependence between the level of introduction of digital technologies into public administration, the judicial system, the economic activity of business entities and the possibility of adaptation to the conduct of current activities in these spheres in the context of the spread of the crown virus has been determined.

Key words: legal fact, coronavirus, electronic commerce, contractual practice, force majeure, significant change of circumstances, judicial practice.

Citation. Tymchuk Yu.A. COVID-19 as a Catalyst for the Transformation of Contractual and Enforcement Practices. Legal Concept, 2020, vol. 19, no. 3, pp. 31-40. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2020.3.4

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