Автор: Власенко Янина Валентиновна, Горячева Анастасия Игоревна

Authors: Anastasiya I. Goryacheva, Yanina V. Vlasenko
APPLICATION OF THE LEGAL CATEGORY OF MATERIAL CHANGE OF CIRCUMSTANCES IN RESOLVING COMMERCIAL DISPUTES: A COMPARATIVE APPROACH

ABSTRACT
This article analyzes different approaches to the application of the legal category of significant change of circumstances in various countries, in particular in Russia, EU countries and Latin America. Analysis of judicial practice, relevant legislative acts, approaches of state authorities and scientific papers of Russian and foreign researchers is limited to the scope of commercial and investment disputes.
The topic of this article does not outlive its usefulness, since appeal to this legal category is one of the most effective legal instruments in resolving commercial disputes that arise in connection with significant and unanticipated changes in circumstances for the parties to business relationships. It is important to note that this legal category has assumed the highest importance during the period of the spread of coronavirus disease (COVID-19) and the extension of sanction restrictions against Russia and other countries, which are currently one of the main instruments of political influence in state-to-state relations and have a significant impact on all types of contractual relationships.

Ключевые слова: существенное изменение обстоятельств; коммерческие споры; разрешение споров; изменение договора; расторжение договора.
Key words: significant change in circumstances; commercial disputes; dispute resolution; modification of contract; termination of a contract.

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