Analyze The Principle Of Change Of Circumstances And Its Application In The Judicial Practice Of China

The principle of change of circumstances appeared in the 12^th century and come into being in Contract Law of many countries. In judicial practice, there are a lot of cases about disputes caused by change of circumstances. Both the development of the market economy and the international communications need the establishment of the principle of change of circumstances. Although there are different comments on it and many people disapprove it, 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.The paper has four chapters. The first chapter is to define the principle of change of circumstances and illustrate the distinction about it between the Common Law Legal System and the Continental Law Legal System. The second chapter tries to show the condition and the results about using the principle of change of circumstances in judicial practice. In the third chapter, I propose to several cases about the principle of change of circumstances and illustrate the difference between the principle of change of circumstances and other legal rules, which show when and how we can use it to deal with the disputes. Furthermore, in the fourth chapter I show the necessity about establishment of the principle of change of circumstances and propose some legal suggestion, which will be a little useful for the construction...