CRITERIA FOR THE APPLICATION OF THE PRINCIPLE OF REASONABLENESS IN CONTRACTUAL OBLIGATIONS UNDER MARTIAL LAW IN UKRAINE

Анотація

The scientific article is devoted to the study of the criteria for applying the principle of reasonableness in contractual obligations under martial law in Ukraine. It is substantiated that the traditional criteria for applying the principle of reasonableness in contractual obligations, developed by doctrine and case law for ordinary circumstances, require reconsideration and adaptation to the realities of wartime. In view of the above, the outlined topic is relevant and requires thorough theoretical elaboration.

The purpose of the article is to explore the criteria for applying the principle of reasonableness in contractual obligations under martial law in Ukraine based on the analysis of doctrinal sources, legal acts, and judicial practice.

The methodological basis of this scientific article consists of general scientific and special legal methods of cognition. In particular, the method of legal analysis made it possible to reveal the content of the criteria for applying the principle of reasonableness in contractual obligations, to study the genesis of this principle, to identify its connections with other principles of civil legislation, and to determine the possibility of its application to specific legal situations. The modeling method was applied as a universal tool for scientific argumentation of a number of conclusions regarding changes in the criteria for applying the principle of reasonableness under martial law in Ukraine. The concept of the principle of reasonableness was clarified through the use of methods of analysis and synthesis. The dialectical method made it possible to highlight the dynamics of the development of the principle of reasonableness under the new conditions of the armed aggression of the Russian Federation. The systemic method was used to determine the place of the principle of reasonableness within the system of civil law principles of Ukraine. The method of legal forecasting allowed to identify possible directions for harmonizing the civil legislation of Ukraine, which enshrines the principle of reasonableness in contractual obligations, with the principles of European contract law. The comparative legal method was applied when comparing the provisions of the Civil Code of Ukraine with one another, as well as with the provisions of international codifications of the principles of private law and national legislation.

The authors analyzed the provisions of the Civil Code of Ukraine that enshrine the principle of reasonableness and concluded that it is most vividly manifested in the sphere of contractual obligations. Particular attention was paid to doctrinal approaches to defining the principle of reasonableness and its interpretation in international codifications of the principles of private law. The practical significance of this principle for the effective functioning of the system of contractual obligations is substantiated.

Based on the conducted research, the main criteria used to assess the compliance of the actions of contractual parties with the principle of reasonableness were identified, namely: objectivity, consideration of specific circumstances, predictability of consequences, and balance of interests. It is concluded that under martial law in Ukraine, all these criteria of applying the principle of reasonableness in contractual obligations undergo changes: in terms of objectivity, the very standard of a «reasonable person» is transformed; when considering specific circumstances, risks caused by wartime must be taken into account; the temporal dimension of applying the criterion of predictability of consequences is altered; in balancing the interests of contractual parties and public interests, the latter gains greater weight. This indicates the development of the principle of reasonableness in contractual obligations under new legal realities, which, in the context of the renewal of civil legislation in Ukraine, may serve as a foundation for further scientific research.