On Change Of Circumstances Applicable In The Construction Contract

Principle of changed circumstances is an important principle of fulfilling the contract and balancing right and duty when fulfilling the contract is excessively difficult because of significant change without exception.The function of principle of changed circumstances is removing unfair consequence, restoring the benefit of two sides of the contract and defending a social equity .Fulfilling the contract building construction often becomes excessively difficult for the long time and the high risk Therefore Principle of changed circumstances will be carried out in the contract building construction more than. However the method how to apply it effectively in the construction project is different in theory and reality .there is not also the mature theory. Therefore this paper will study the theories and ways Based on the theory and practice, and under the ideological guidance of documentary research, case analysis and experience method and it is divided into three parts.First,the development of the changed situation principle. This part constitutes the principle of the changed circumstances and defines the concept and constitutions, and introduces the origin of the principle of the changed circumstances, summarizes the continental law system and common law on the principle of the changed circumstances, the theoretical basis of the principle of the changed circumstances has proposed the theory foundation is honest credence principle and the principles of fairness, summarizes the principle of the changed circumstances since the founding of legislation in our country and the applicable conditions and characteristics of the judiciary in the third part of the content such as providing theoretical basis.Second, the nature and characteristics of the construction contract.This section mainly introduces the concept of construction contract, analyzed the construction contract nature and characteristics, puts forward that the construction contract nature is processing contract, the time limit for performance characteristics are long and risk factors of high demand, artificial view for the third part of the argument to the necessary.Third, the application and practice of the principle of the changed circumstances in the construction contract. This is a part of difficulty, through theory with practice, the principle of the changed situation analysis method in the construction contract in the necessity and applicable conditions, the methods and skills, applicable effectiveness and problems that should be paid attention to in the applicable. Applicable condition analysis mainly from the overall Angle according to the reasonable logical sequence summarizes the principle of the changed circumstances in the construction contract in the foundation, applicable condition, the condition and the subjective conditions, substantive conditions and procedures. Procedures for the Supreme Court ruled in local court for the principle of the changed circumstances to the high court case must review requirements discussed, and put forward its own views, Applicable methods and skills are analyzed with the applicable condition analysis shows the practice of content.