On Interest To Measure The Changed Circumstance Rule Applies To The Perspective

Germany opened the interests of free legal research methodology to measure as a precedent of law, the beginning of this century, Benefits Measurement Theory was gradually more widely used in legal research. Benefits Measurement Theory analyzed conflict of interest which the phenomenon of law implied by a unique perspective, and offers the legal profession today a new way. The paper based on the Benefits Measurement Theory discussed the application of the changed circumstances rule. Both in civil law and common law, the changed circumstances rule is one of the important rules of contract law. How to apply the rule now is the hot topic of the jurisprudence in our country. There are many scholars have been studied the application of the changed circumstances rule, however, studying the legal issues based on the Benefits Measurement Theory is few and far. The paper which used Benefits Measurement Theory, explained the legal issues, by measured the interests of subject in the application of the changed circumstances rule. The main purpose of the paper is to research by Benefits Measurement Theory, how to apply the changed circumstances rule under the conflict of interests. And it analyzed that how to apply the rule correctly, in order to express the real equity, achieve the status of good law. Specifically, this article is divided into five parts, discussed the premise of the application of the changed circumstances rule by Benefits Measurement Theory, appropriate conditions, applicable method, applicable procedure, applicable effect, the risk-sharing of application and the applicable limit. Under the direction of Benefits Measurement Theory, the paper discussed the application of the changed circumstances rule, aimed to provide a new way to the study of the application of changed circumstances rule.