In the world of contract law, a contract of sale is one of the most important contracts, which can, of course, have a shorter or longer duration. The longer is the duration of the contract, the more likely it is that unforeseen events will occur that prevent the performance of the contractual obligation. To avoid this situation, the parties should make provisions in the contract for what to do in the event of contingencies or to allocate the risks in advance. However, in the event of unforeseen events, they have institutes to relieve them from liability for breach of contract.
The master's thesis examines the content of the provisions of the various exemptions for breach of contract under the Civil Code and the United Nations Convention on Contracts for the International Sale of Goods in the light of the emergence of the coronavirus Covid-19. The outbreak of the Covid-19 virus has caused enormous difficulties in contract and commercial law for the timely and full performance of contractual obligations. The master's thesis discusses the specific provisions of both regulations and the conditions that must be met for a contracting party to appropriately invoke them and relieve themselves of liability for breach of contract. Furthermore, the master's thesis summarizes the case law of Slovenian courts and the opinions of theorists on whether Article 79 of the CISG is applicable in the case of a Covid-19 situation and identifies any associated challenges. Finally, the master's thesis presents brief findings or advantages and disadvantages of each regulation.
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