The Analysis Of Contract Dispute On The Application Of Clausula Rebus Sic Stantibus

In the traditional contract strictly abide by the principle of " pacta sunt servanda ", but along with the economic development and social progress, the factors of influencing the stability of the contract is more and more complicated,in order to the trade could be on the rails,maintenance the rights and interests of contracting parts,and realize the fair of trade, the system of Clausula Rebus sic Stantibus emerges as the times require ,and twists and turns to today. While in our country the system of Clausula Rebus sic Stantibus is still not perfect ,so in the social practice produced many problems about the application of the system of Clausula Rebus sic Stantibus. This article is the case analysis of a Contract of Real Estate Purchasing dispute on the application of the system of Clausula Rebus sic Stantibus, the content of this article divided into the following five most:The first part is introduction, mainly introduces the background of the system of Clausula Rebus sic Stantibus, briefly introducing the history of the system of Clausula Rebus sic Stantibus, and then introducing the the research status of this system and the main methods and realistic significance of this article.The second part introduces the focus of the dispute in this case .Mainly introducing the details of this case, summarizing the disputed points of both sides ,providing a foundation for the following analysis.The third part analysis whether this contract could apply to the system of Clausula Rebus sic Stantibus. The first ,explaining the system of Clausula Rebus sic Stantibus,and then analyzing whether the fact in this contract belonged to Clausula Rebus sic Stantibus; The second ,summarizing the efficacy of the system of Clausula Rebus sic Stantibus,and analyzing the efficacy of the behavior of Yong Tuo L.T.D-one part of the contract according this;The last ,discussing the condition of the application of the system of Clausula Rebus sic Stantibus, meanwhile finally analyzing whether the system of Clausula Rebus sic Stantibus could apply to this case.The fourth part analyses the essence of this contract dispute. According to the analysis of the last part, we know that this contract dispute doesn't belong to Clausula Rebus sic Stantibus,in that way what does this belong to? This part accords to comparative analysis to Clausula Rebus sic Stantibus and commercial risk,force majeure and obvious unjust, distinguishing the difference between Clausula Rebus sic Stantibus and relevant concept ,and then obtaining the essence of this contract dispute ,meanly this contract dispute is caused by commercial risk ,so Yong Tuo L.T.D should independently bear the corresponding responsibility.The fifth part does some legal consideration of perfecting the system of Clausula Rebus sic Stantibus .Through the analysis to this case causing legal consideration of perfecting the system of Clausula Rebus sic Stantibus, briefly looking back the legislation progress and judicature practice in our country ,and briefly summarizing and appraising the legislative pattern of the system of Clausula Rebus sic Stantibus,at last proposing the corresponding suggestions of perfecting the system of Clausula Rebus sic Stantibus in our country.