Харин А.А. О возможности нарушения договоренностей; Вопросы экономических наук, № 2, 2004, стр. 20-21.
Harin A. On the Possibility of Arrangement Infringement (pub. in Voprosy Economicheskikh Nauk [Economic Issues]), #2, 2004, p.20-21.
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To avoid duplicating the whole article, I will give only the abstract and brief comments:
AbstractIt has been proved that the possibility of arrangement infringement exists for the overwhelming majority of actual arrangements.
DefinitionArrangement infringement will refer to the arrangement infringement that took place after a decision to fulfill this arrangement was made. The infringement may take place in cases of accidents, disasters, health deteriorations, criminal or terrorist interventions, etc.
Obviousness1) In general, there are obvious reasons for the existence of the possibility of arrangement infringement and its manifestations. Everyone has had the experience of observing such manifestations
2) These possibilities are often mentioned, including in mass media and regular contract terms and provisions (force majeur).
However, there are also at least two fundamental reasons for the existence of these possibilities:
1. Fundamental external causes of arrangement infringementWe cannot absolutely isolate the situation from the influence of the external world.
For example, neutrino causes some nuclear and elementary particle reactions. Suppose we had built a protective shell. It had been built out of the best materials available. It had been made one mile thick. Nonetheless, this shell would be more penetrable by a neutrino than telegraph poles by wind in an open field.
2. Fundamental internal causes of arrangement infringementUsually, we cannot absolutely exclude natural internal sources that may have influence on the arrangement.
By definition, as long as an arrangement depends on at least one of the parties of this arrangement, this party can have an influence on the arrangement. The overwhelming majority of actual arrangements are dependent on at least one of the parties of the arrangement. Otherwise, there would be no reason to declare an arrangement that is not dependent on either of the parties involved.