Clausula Rebus Sic Stantibus Study In Construction Contract

With the rapid economic development in china, urban construction is speeding up its pace as well, including a variety of construction work for residential, public, commercial or industrial purpose. However, the external environment especially the 2008 global financial crisis has deadly affected part of the projects to some extent. One of the bad influences is price variation of the construction materials, and it has become the major cause of construction dispute. In this situation, Legislators and scholars are redirecting the focus on Clausula Rebus Sic Stantibus. They hope to use this old principle to cope with the dispute that caused by external reasons, so they make a great number of laws and regulations to adjust them.The first part, the first chapter, mainly on the basic concept of the principle of change of circumstances, such as the scope and evolution theory. Through the principle of changed circumstances introduce the basic theory, basic theoretical understanding from the Supreme People's Court promulgated the "interpretation of contract law (b) " applies in theory. In addition, the introduction of the principle of changed circumstances in the development of China's legislative system, and highlights areas in construction, the principle of legislative change of circumstances. In the second part, the second chapter, mainly on the Change of Circumstance form and effectiveness. Principle of changed circumstances in the application process, the first change of circumstances should be considered the principle of the constitution, only the principle of a clear change of circumstances by which elements constitute the cases, can be accurately applied in specific cases. Second, the only change of circumstances has a certain effect on the legal relationship can be adjusted so that the basic principle of changed circumstances to implement the idea, take effect. Based on the "interpretation of contract law (b)" the relevant provisions and the principle of changed circumstances theory, the principle of change of circumstances to lift, change the validity of the contract were specific interpretation.The third part, the third chapter, discusses the principle of changed circumstances the difference with other similar concepts. Only the principle of similar concepts are compared with the change of circumstances can the principle of changed circumstances accurately applied in a specific case. Therefore, this article on the principle of changed circumstances and force majeure, commercial risk and the principle of frustration of contract respectively as compared to the above concepts from the concept, scope and other aspects of distinction, to a certain extent, the distinction was valid, especially in the field of building construction the distinction between the concept to focus the discussion.From three-part in above, author intent to discuss the application of Clausula Rebus Sic Stantibus deeply. Meanwhile, the focus is on the "interpretation of contract law (b)" as the background conditions. And then discuss the principle of Clausula Rebus Sic Stantibus that whether could apply to the construction engineering field, particularly construction contracts and FIDIC contract conditions.