Non-performance of contracts as a result of impossibility within the sphere of responsibility of obligor

The subject matter of the thesis is non-performance of contracts as a result of impossibility within the sphere of responsibility of obligor. Our study is divided into three sections. The first section addresses the concepts of performance and obstacles to performance, which are among the main subjects of the Law of Obligations. We need to define what performance is in order to understand obstacles to performance. Thus, we will first examine the concept of performance, performance concept since Roman Law and the components of performance. Then, we will briefly outline obstacles to performance. Each subject listed under the main heading of obstacles to performance in our law system is addressed in a separate assessment. Even though these subjects seem to be independent from each other, we first need to assess all obstacles to performance in order to make a correct and complete assessment of the failure to achieve the desired purpose of a contract concluded under the Law of Obligations, or in other words, the state of non-performance. In this connection, we will examine in the subsequent parts of the first section creditor's default and obligor's default, positive violation of contractual duty, liability for breach of obligation of conduct during the pre-contractual stage and collapse of the basis of the transaction out of the obstacles to performance, and assess the components of said obstacles to performance and their impact on contracts in general terms, as well as their relationship with the concept of impossibility. We will address the subject of impossibility in the second section. This section will provide information on the progress of the concept of impossibility and grounds for, and types of, impossibility. In addition, we will also examine some special circumstances related to the concept such as type of obligations, the situation in case of alternative obligations and the meaning of the concept in terms of monetary obligations. On the other hand, we will also assess the concept of impossibility in case of permanent obligation relationship and absolute and fixed-term transactions. The third section examines the concept of impossibility within the sphere of responsibility of obligor, which is the main subject of the study. This section addresses the concepts of impossibility for which obligor is liable and impossibility for which obligor is not liable separately, examines the impact of both cases on the obligations assumed by obligor and the status of the contract, and determines the consequences of such cases. Keywords: Obstacles to performance, impossibility, original impossibility, subjective impossibility, faultless subsequent impossibility