The Application Of The System Of Changed Circumstances In Construction Contract

Changed circumstances system,which is a modern contract law system of great importance, however, has not been stated into Chinese Contract Law. During Economic Contract Law in 1980s to Contract Law in 1999, the attitude of legislative had been changing. In 13 May, 2009, with the support of Jurist, Supreme People's Court promulgated the "on the application of Interpretation of Several Issues (II) " . The form of judicial interpretation of the specific application of the principle of changed circumstances is recognized. Construction contracts as the people's livelihood, major contracts, there is a long construction period, the amount of huge, affecting a wide range of characteristics. The correct application of this principle is critical in the construction contracts. How to adjust the rights and obligations between the parties, how to limit the discretion of the judges has been a hot topic in theoretical circles. Therefore, the writer hopes to use the knowledge to analyze the application of changed circumstances in construction contracts and to seek solutions to these existing problems. All the above analysis prompted the birth of this paper.This paper is total divided into four parts:Partâ… Introduction of changed circumstances, the legal concepts and the legal theories of changed circumstances. Then, explain the need for the system of changed circumstances, from the perspective of the non-substitutability in Contract law. Through the analysis of the characteristics of construction contracts, point out the importance of application of changed circumstances in the construction contract.Partâ…¡Lists the different theories of changed circumstances, and makes a comparative analysis. Analyze standards and a variety of factors, which are crucial during the application of changed circumstances in the construction contract.Partâ…¢Analyze how to apply the changed circumstances in the practical construction contract. From the perspective of procedural law, demonstrates obligation to re-negotiate and court mediation.Partâ…£Considering characteristics in the construction industry in our country, suggest proposals and concrete measures about protection of the legitimate rights and interests of parties to the contract.