The Principle Of Changed Circumstances In China's Construction Contract Applicable

With the development of economy and the fast constructions of society, construction industry appears more and more prosperity. At the same time, legal problems cased by the project construction work contract in the applicable cases also tend to be more and more prominent, including the principle of the changed circumstances in the project construction work contract takes certain proportion. Therefore, further study of the topic has important practical significance. The thesis takes the principle of the changed circumstances in project construction work contract in our country for research center. Case analysis and comparison method is used to study the principle of the changed circumstances project construction work contract in our country, and how the different areas and different countries applied the principle of changed circumstances in construction contract. The thesis mainly divides into four parts:Chapter one:the general idea of principle of the changed circumstances. At first, the thesis does the related theory research on the principle of changed circumstances. For better research of principle of the changed circumstances in concrete construction contract, the theory study is the cornerstone.Chapter two:the characters of project construction work contract. Project construction work contract not only has the general characters of contract, but also has its distinctive ones. In order to have better research of this theme, we should analyze its character correctly.Chapter three:the principle of changed circumstances in the project construction work contract in our country. Through the cases analysis, the writer reflects the principle of the changed circumstances in China project construction work contract, combining with the cases analysis, the necessity of apply principle of the changed circumstances in construction contract comes.Chapter four:the comparison of the principle of the changed circumstances in the project construction work contract in mainland China, Taiwan, foreign countries. The final part analyzes the similarities and differences between the application of the principle of the changed circumstances in project construction work contract by China and foreign countries. And then the writer points out the legislation thinking and judicial suggestions though the comparison. This article expounds from theory analysis to theory analysis with practice, the principle of the changed circumstances in the construction contract is discussed as the center topic. Theory, practice and abstract, material are the structure of specific arrangement. Comparative analysis in this paper is writing techniques. The purpose of the article is to reach better research in construction contract. Further study of the changed circumstance in construction contract is to provide effective guidance, enhance the construction enterprise to prevent risks, and create the ability to develop economic.Anyhow, the principle of the changed circumstances gives judges larger discretion. The judge in the application of the principle of the changed circumstances in must distinguish changed circumstances and commercial risks, force majeure, etc. Be sure to use the principle of the changed circumstances to safeguard judicial justice, maintain the lawful rights and interests of the parties to the contract.