Determining Standard Of The Principle Of Circumstance Changes Of Research

The principle of circumstance changes is referred as the objective environment had happened great changes after the conclusion of contract, which were unforeseen to parties, these changes had destroyed the foundation of contract, and it was obviously unfair or infeasible to continue the contract for a party. The parties may negotiate to change or terminate the contract with the principles of good faith and fairness under these situations."Law of contract" of our country excludes the principle of circumstance changes (POCC) in 1999, but some rules about POCC were implemented in the law of contract judicial interpretation (2) in 2009. In fact, POCC plays an important role in maintaining the developments of economy and the consummation of legal regime in our country. Author attempts to give a standard of POCC of our country by analyzing POCC evolved from Common law system and civil law system.Paper gives the case of Wuhan gas Company and Chongqing instrument company about the contract of technology transfer of assembly line and the contract of purchasing parts of gas meter Firstly, which draws out a conclusion of POCC is suitable in our country at present. Secondly introduces the essential theory of POCC, expounds the academic foundation and the development of POCC in the civil law legal system and the common law legal system, and analyzes the practical significance of POCC to the economy and law of our country. Thirdly focuses on cases in Germany, France, UK and US, analyzes the determining standards of POCC in these countries. Lastly gives the determining standard of specific circumstances by differentiating POCC and some similar legal systems.