ვალდებულების შესრულების შეუძლებლობა და სახელშეკრულებო პასუხისმგებლობიდან გათავისუფლება

Impossible to perform an obligation and release from contractual responsibility
The Article reviews the notion of impossibility to prform an obligation, basic aspects, comparative analysis and also their condition in both continental and common law states and in Georgia. Here is considered all forms of impossibility of the performance: Objective and subjective impossibility of performance, long and temporary impossibility of performance, complete and partial impossibility of performance, natural and legal impossibility of performance, intial and further impossibility of performance, economic and ethnicity impossibility of performance.
The article is presented when imopossible to performance an obligation, at what time the contactor`s exempted from contractual responsibility and at what time they are obliged to reimburse the damage. The work includes a brief historical overview of the origin and development of the impossibility of performance an obligation. Also attention is focused on one of the main principles of civil law, which is the principle of stable rotation of civil legal relations. In court practice often creating problems about release from liability, when is impossible to performance an obligation and on this issue will be introduced a decision of the Court of Appeal of Georgia, which will better illustrate this problem.