Scriabin Sergey Vasilyevich
- Candidate of Legal Sciences, Associate Professor, Chief Researcher of the Institute of Legislation and Legal Information of the Republic of Kazakhstan of the Ministry of Justice of the Republic of Kazakhstan, Senior Researcher of the Institute of Private Law of the Caspian University (Almaty, Kazakhstan).
- Personal page: http://biblio.zakon.kz/b/skryabin/
Consequences of non-fulfillment or improper fulfillment of contractual obligations in the context of the COVID-19 pandemic
Start date: 16.09.2021 15:00
- On September 16, 2021, from 15:00 to 16:00, the Institute of Legislation and Legal Information of the Republic of Kazakhstan of the Ministry of Justice of the Republic of Kazakhstan on the website zan.kz a webinar is being held on the topic: «Consequences of non-fulfillment or improper fulfillment of contractual obligations in the context of the COVID-19 pandemic».
- The purpose of the webinar is to explain the consequences of non-fulfillment or improper fulfillment of contractual obligations in the context of the COVID-19 pandemic.
- Within the framework of the webinar, it is planned to analyze the main topical issues and prospects for resolving judicial disputes, analyze the current judicial practice, and analyze the provisions of the Kazakh civil doctrine in this area. The webinar materials are based on the experience of the author's legislative, scientific and practical activities.
- After the theoretical part of the webinar, participants will have the opportunity to ask questions about the topic under discussion.
- The cost of participation in the webinar: 5 000 tenge.
- For students who have registered before September 01, 2021, the cost of participation in the webinar is 4000 tenge.
- Before acquiring access, participants should familiarize themselves with the webinar program, the terms of access to its materials and recordings (see below). Access to participation in the webinar is possible only after payment and if the user has the technical capabilities.
- Register for the webinar at the link below.*
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- Click on the «Buy» button, top up the balance, if required, and pay for the service.
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- On the zan website.kz in the «Registration» tab, following the instructions, you must fill out the registration form, specify all the necessary data and successfully complete the registration.
- The webinar program «Consequences of non- execution or improper execution of contractual obligations in the context of the COVID-19 pandemic»:
- 1. Introductory provisions (10-15 min.).
- A brief overview of the structure of the Civil Code: general provisions on an obligation, an agreement (general part), special provisions of the Civil Code for certain types of agreement.
- Civil Code Rules and Special Legislation on Contractual Obligations. The meaning of the Decree of the President of the Republic of Kazakhstan dated March 15, 2020 No. 285 «On the introduction of a state of emergency in the Republic of Kazakhstan2 (Decree on state of emergency), acts of ministries and departments, the possibility of their appeal, especially their application by time, territory and persons.
- Clarifications No. 1 on certain issues of judicial practice in connection with the introduction of a state of emergency, approved by the resolution of the plenary session of the Supreme Court of the Republic of Kazakhstan dated May 6, 2020 No. 9 (Clarifications of the Supreme Court): features of application, interpretation, significance for resolving disputes.
- 2. Consequences of violation of contractual obligations in a pandemic (15-20 min.).
- Conditions for the application of measures of civil liability.
- Determination of the size of civil liability, the ratio of the concepts of «debt» and «losses».
- Conditions for exemption from civil liability.
- Interpretation and application of the rules on force majeure in contracts (typical conditions) and paragraph 2 of Art. 359 of the Civil Code, their relationship with the rules of Art. 361, 363 and 365 GK. Features of proving the circumstances of the pandemic as a force majeure. Issues related to the notification of the parties to the agreement about «force majeure».
- 3. Termination of contractual obligations as a consequence of the pandemic (15-20 min.).
- General characteristics of the grounds for termination of contractual obligations.
- Impossibility to fulfill contractual obligations (Art. 374 of the Civil Code): peculiarities of interpretation and application.
- The influence of force majeure circumstances on the timing of the fulfillment of obligations under the contract. Possibility of suspension of contractual obligations for the duration of force majeure circumstances.
- Termination of an obligation on the basis of an act of a state body (Article 375 of the Civil Code): peculiarities of interpretation and application.
- Restoration of contractual obligations after the disappearance of formal obstacles under Art. 375 GK: analysis of a practical example.
- 4. Change or termination of the contract as a consequence of the pandemic (20-25 min.).
- General characteristics of the procedures for changing and terminating an agreement according to the rules of Chapter 24 of the Civil Code (Articles 401-405).
- Significant violation of the contract in the event of a pandemic as the basis for the termination of the contract unilaterally (clause 2 of article 401 of the Civil Code).
- Unilateral refusal to fulfill the contract (refusal from the contract in whole or in part (Article 404 of the Civil Code)) in the presence of circumstances associated with a pandemic.
- The consequences of terminating or changing the contract in the presence of circumstances associated with a pandemic (Article 403 of the Civil Code).
- Prospects for the return of property transferred under a terminated contract related to the circumstances of the pandemic.
- The possibility of extending the term of the contract if the circumstances associated with the pandemic disappear.
- 5. The possibility of suspending the course of the limitation period for contractual obligations in the presence of circumstances related to a pandemic (5-10 minutes) (application of the provisions of Article 182 of the Civil Code).
- 6. Questions and answers related to the topic of the webinar (≤ 60 min.).
Price: 5000 ₸
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