On Principle Of Change Of Circumstances And Its Application

In judicial practice, there are a great deal of cases of civil disputes caused by change of circumstances, the Supreme People's Court also used to give an official and written reply on judicial precedents of change of circumstances, but until now there still lacks of legal provisions and legislative interpretations on legal principle of change of circumstances. In the fourth deliberative paper of the Draft of Contract Law, principle of change of circumstances has been stipulated, but due to the different comments on both theoretical understanding and actual operation all along, it is difficult to form unanimous and Contract Law formerly adopted on March 15th 1999 didn't make provisions on it. Civil Law Code of the People's Republic of China (Draft) just finished the first paper still doesn't adopt the principle of change of circumstances, which becomes a great pity in the civil legislations of our country. As an indispensable legal principle in fast-changing modern life, the principle of change of circumstances shall have its position in the future Civil Code. Considering the large flexibility of principle of change of circumstances, to avoid the abuse of this principle, it is necessary to be strict in applicable conditions in judicial practice, which not only can prevent it from the difficult situation without law in accordance with, but also can control the judge' right of discretion to the full and can eventually realize substantial justice to the full under the major premise of guarantee of freedom of contract.