Study On The System Of Changed Circumstances

Theory the situation changes in foreign study has been more mature and more countries have been gradually absorbed by the legal documents, a national contract law is an important legal system. China's current contract law does not provide such a system, but in 2009 the Supreme Court on the application of "Contract " Interpretation of Several Issues (II) made a change to the situation in the provisions of principle, to make up the loopholes in legislation To adapt to the rapidly changing social and economic needs. However, the issue of legislation to change the situation there is no institutional arrangements are still in judicial practice, how to determine a "situation " changed circumstance that is what constitutes significant change, and how the principle of changed circumstances apply, these issues are worthy of our in-depth China.This paper mainly by foreign countries and international commercial legislation of the study, in the current situation and problems based on the basis of our country, drawing on the experience of extraterritorial legislation advanced, put forward a sound principle of changed circumstances of the specific ideas.This first chapter, the concept of the principle of changed circumstances made a scientific definition, the object of this study, a comb, and then describes the main theories to change the situation, as discussed below lay a theoretical foundation; The second chapter by examining the German-French, Anglo-American and international commercial legislation, and to analyze their legislation features, designed to give some aspects of legislation in the revelation; The third chapter in the analysis of the situation on the basis of the principles put forward to change our situation the main problems: lack of general provisions of the legislation, specifically identified criteria is not clear, too simple for the effectiveness of regulations and procedures applicable to the lack of specific operational rules; The fourth chapter in the above problems, the author proposes a corresponding improvement measures. The first principle of changed circumstances in the Civil Code in the performance of the contract creation; the second is clearly a severe economic losses and general rational man identified two specific criteria;Third, advocate the use of "re-negotiated obligations " mode to enrich the application of force to change the situation; four claims in the changed circumstances and the exercise of jurisdiction, the author made specific operational rules of procedure.I hope this situation changes for the principles of sound thinking, can enhance the principle of changed circumstances in the operability of judicial practice, the situation changes for the principle of better service to real community needs.