THE IMPACT OF THE REPEAL OF THE COMMERCIAL CODE OF UKRAINE ON THE EXEMPTION FROM LIABILITY OF BUSINESS ENTITIES BUSINESS ENTITIES FOR FAILURE TO PERFORM CONTRACTUAL OBLIGATIONS ON THE GROUNDS OF PART 3 OF ARTICLE 538 OF THE CIVIL CODE OF UKRAINE

Abstract

The impact of the loss of validity of the Commercial Code of Ukraine on the exemption from liability of business entities for failure to fulfill contractual counter-obligations on the grounds of Part 3 of Article 538 of the Civil Code of Ukraine.

In this article, the author analyzes the norms of the Civil Code of Ukraine, which determine the grounds for exemption from liability of business entities for failure to fulfill contractual obligations within the framework of contracts where there is a counter-performance of obligations.

The impact of the invalidation of the Commercial Code of Ukraine, including the invalidation of Part 7 of Article 193 of the Commercial Code of Ukraine, on the application of Part 3 of Article 538 of the Civil Code of Ukraine as grounds for exemption from liability of business entities for failure to fulfill contractual obligations within the framework of contracts where there is counter- performance of obligations, is analyzed.

The conclusion is drawn that with the loss of validity of Part 7 of Article 193 of the Commercial Code of Ukraine, it can be said that a systematic violation by the relevant person of his obligations within the framework of other contracts between the same persons may give grounds for the application of Part 3 of Article 538 of the Civil Code of Ukraine for legal relations that arose after 08/28/2025, in particular, it may be recognized as a circumstance of the presence of obvious grounds to believe that the party will not fulfill its obligation within the established period (term) or will not fulfill it in full, because Part 3 of Article 538 of the Civil Code of Ukraine does not contain an exhaustive list of such obvious circumstances and does not contain relevant restrictions, with the loss of validity of the Commercial Code of Ukraine, there are no longer any restrictions that were established by Part 7 of Article 193 of the Commercial Code of Ukraine, the Civil Code of Ukraine generally does not contain a norm that refusal to fulfill or postponement of fulfillment is not allowed on the grounds that the obligations of the other party under another contract were not properly fulfilled, which was set out in Part 7 of Article 193 of the Commercial Code of Ukraine, which has lost force.