Research On The Application Of The Rule Of Circumstances Change

According to the principle of pacta sunt servanda, One party in a contract must assume its responsibility if it doesn't abide by the contract. The Principle of pacta sunt servanda has been well-estbalished either in continental legal system and common legal system or in the international modal laws concerning contract, as a result of a well-known fact that market economy is economy of contract. It seems that there is no room for the Clausula rebus sic stantibus to remain. However, the Principle of pacta sunt sernda has been challenged since the two world wars and the international economic crisis. Since the value of law lies in the fact that it is not only to preserve the credit and freedom of contract but also to pursue fairness, the scholars of continental legal system and common legal system put forward the principles of Clausula rebus sic stantibus and the frustration of contract respectively.Since the value of law lies in the fact that it is not only to preserve the credit and freedom of contract but also to pursue fairness, the scholars of continental legal system and common legal system put forward the principles of clausula rebus sic stantibus and the frustration of contract respectively. There were arguments and disputes on whether or not to include the principle of changed circumstances in the process of making the Contract Law in 1999. Finally, the legislation adopted the view of the opposition faction. At he beginning of 2003, the draft of Chinese civil law promulgates, the principle is paid attention again.The principle of circumstances is an important principle of contract law, for the purpose of eliminating the injustice arising from the unforeseeable change of circumstances. Due to its unique value, the principle of change of circumstances ought to become an indispensabl egal method to adjust socioeconomic relation, share social risks, balance interests, realize substantive fairness and justice.The body of this thesis can be divided into six parts.The first part is mainly about the history and evolution of Clausula rebus sic stantibus. The second part is about the theoretical basis and the contents of the doctrine. The third part, it also analyses in details the legal requirements of Clausula rebus sic stantibus. The fourth part, it analyses legal effects of Clausula rebus sic stantibus. The fifth part, it makes a comparison between the doctrine of Clausula rebus sic stantibus and other doctrines, such as the doctrines of commercial risk, force majeure and unconcsionability.