Rebus Sic Stantibus

Since its birth in the 13th century, rebus sic stantibus has become a system of contracts in civil law countries . This system demonstrates the equality and justice of law ,and is a legal remedy to the client when it is obviously unfair to perform a contract in the case that some unforeseen risks exist.This article introduces some commonly recognized theories on rebus sic stantibus . Combined with the recent development of the system in Germany ,this article also analyze the example of legislation, conditions of application and legal effect of the system. Finally ,compared with the "doctrine of frustration" in Anglo-American Law, this article probes into the possibility of importing this system.Based on our current circumstances ,this article not only points out the theoretical divergence and practical obstruction in the process of importing the system, but also demonstrates the necessity of the legislation of the system from both theory and practice .On the basis of analyzing and comparing the cost and benefit of legislative techniques adopted in the draft of the Contract Law and the proposal draft of the Civil Code, this article provides some related suggestions to the legislative choice and legislative models of rebus sic stantibus ,hoping that our legislation can absorb the vital marrow of the two legal systems and become a model legal system full of modern contractual idealism.