Examples of using Impossibility of performance in English and their translations into Russian
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Official
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Colloquial
Impossibility of performance.
Supervening impossibility of performance.
Impossibility of performance(force majeure);
As a result of force majeure impossibility of performance by the Seller occurred.
If the impossibility of performance occurs during default in acceptance or due to the fault of the purchaser, the latter remains obliged to render performance. .
This could be the case, for example,in the event of a supervening impossibility of performance or owing to a fundamental change of circumstances.
Impossibility of performance, like other grounds for the termination of a treaty, has to be formally invoked by a party, and it applies only after it has been duly invoked.
One suggestion was to add new"indicia" such as change of circumstances, impossibility of performance and material breach of the treaty.
The Special Rapporteur expressed the view that while article 31 brought together force majeure and fortuitous event, force majeure was not quite thesame as fortuitous event, which was more like impossibility of performance.
Supervening impossibility of performance; or.
There is of course a distinction between force majeure as a circumstance precluding wrongfulness and impossibility of performance as a ground for termination of a treaty.
Such situations are not unlike those where,on account of a temporary impossibility of performance or a fundamental change of circumstances, treaties come to an end or are suspended Articles 61 and 62 of the 1969 Vienna Convention on the Law of Treaties.
Thus some of the modern State practice refers, for the most part, to the effect of a fundamental change of circumstances, or to the supervening impossibility of performance, and is accordingly irrelevant.
He did not favour dealing with subjects like force majeure and supervening impossibility of performance, which risked replicating subjects already governed by the Vienna Convention of 1969.
For example, some of the modern State practice which has been cited refers, for the most part, to the effect of a fundamental change of circumstances, or to the supervening impossibility of performance, and is accordingly irrelevant.
With regard to losses related to breaches of contract,frustration of contract, or impossibility of performance of a contract to which Iraq was a party, decision 9 provides in relevant part.
It could also be argued that, in the context of some treaties,the outbreak of an armed conflict could also be characterized as a fundamental change of circumstances entailing a temporary or permanent impossibility of performance.
While the same facts may amount, for example,to force majeure under article 23 and to a supervening impossibility of performance under article 61 of the Vienna Convention on the Law of Treaties, the two are distinct.
However, according to the OAS Administrative Tribunal, Judgment No. 124, when the cause is not extraneous but relates to the failure of members tomeet their financial obligations, financial distress only leads to temporary impossibility of performance.
The article seems to expand the impossibility of performance as compared with article 61 of the 1969 Vienna Convention on the Law of Treaties and, in so doing, is likely to undermine the stability of established treaty regimes by covering new cases of wrongfulness.
It was also suggested that paragraph 1 could benefit from a clearer definition of force majeure which would distinguish between actual or material impossibility of performance and increased difficulty of performance. .
Examples would be provisions concerning the law of treaties-- in particular, those related to supervening impossibility of performance and fundamental change of circumstances-- as well as the rules on the responsibility of States and international organizations, and the responsibility of individuals.
One corollary, according to New Zealand,was that the only excuses for failure to comply with a treaty obligation were those contained in the Vienna Convention on the Law of Treaties e.g. impossibility of performance, fundamental change of circumstances.
This impossibility of performance, according to this analysis, should objectively result in the termination of the agreement and the withdrawal of authorization to issue TIR Carnets and to act as guarantor by the competent authorities of the Russian Federation, in accordance with Annex 9, Part I, Article 5.
Obligations arising out of unilateral acts are affected by later treaties in analogy with article 58 and 59 of the Vienna Convention on the Law of Treaties,just as supervening impossibility of performance or fundamental change of circumstances affect such obligations.
Impossibility of performance may not be invoked by a party as a ground for terminating, withdrawing from or suspending the operation of a treaty if the impossibility is the result of a breach by that party either of an obligation under the treaty or of any other international obligation owed to any other party to the treaty.
Even if a State party cannot or will not terminate a treaty, temporarily or permanently, on account of the outbreak of such a conflict, it may still invoke other grounds,such as impossibility of performance or a fundamental change of circumstances.
During the proceedings, Hungary presented several arguments in support of the lawfulness of its action, including the impossibility of performance of the 1977 Treaty(owing in part to ecological imperatives), a fundamental change of circumstances(owing in part to the progress of environmental knowledge) and the development of new norms and prescriptions in international environmental law.
Draft article 17 provides that the draft articles(and hence draft article 11) are without prejudice to termination, withdrawal or suspension on other grounds-- agreement of the parties,material breach, impossibility of performance, or fundamental change of circumstances-- although this list is not exhaustive.
These may include impossibility of performance or a change of circumstances and therefore lead to the suspension or termination of a treaty to which the State involved in the internal conflict is a party and the other States parties to the treaty are not involved, and, as such, were best analysed within the framework of the Vienna Convention of 1969.