On The Application Of Law In The Rule Of Contract Change

There is a very ancient principle in civil law, namely "contract will observe" principle, in short, the connotation of the principle is the obligation for the contract has already been concluded must for comprehensive and correct performance, so as to ensure the realization of the rights of all people’s rights. The principle on the one hand, the security of the transaction and trust protection, on the other hand, attaches great importance to the way the contract on the way people. But for "contract will observe" the principle of an important exception is the "change of circumstances" principle, called "the principle of situation change is when the original intention of the contract after its establishment the objective conditions in the contract to continue to fulfil, unable to realize the contract and the objective situation is not based on the parties, the parties may change the contract.As a unique principle in the continental law system, the rules of "change of circumstances" have been paid more and more attention by all circles of society. Specifically, when after the establishment of the contract, due to perform before the end of the objective situation has changed, if continue to request the responsible for the fulfillment of the obligations of the parties to continue to fulfil the contract will make the party to bear significant loss of the fair, at the moment, to achieve fairness and justice and reasonable on the rights and obligations between the parties of balance with the goal and value of the pursuit, the law allows the parties change to the original contract under the exemption of the state, which is the implication of our said the principle of change of circumstances. For the principle and waste, China’s theoretical circles and academic circles has been debated, but at present with the speed of the development of the world economy accelerated, the development of social economy in our country suffered a many unexpected situation, such as natural disasters, national policy changes, the financial crisis of globalization and so on. These unexpected condition of contract performance impact is huge, when the unexpected situation, we need to using the principle of change of circumstances to make reasonable adjustments. In 2009, China formally promulgated and implemented "law of contract interpretation (II)", at the conclusion of the theoretical research results on the basis, combining the actual conditions of our country, through the judicial explain the rules of "change of circumstances" in China formally established. However, due to the lack of a unified and clear rules on how to apply the "circumstances change" in the process of contract fulfillment, it has brought a lot of challenges to our judicial practice. At present our country is in the crucial stage of the process of convergence of economic transformation and social reform, due to the safety and stability of the transaction needs to be strengthened leads to unfair trade market phenomenon, often appear law legislation, change, waste, which will lead to a contract in time is legitimate, but in the performance of the process may become illegal, obviously, the parties in the contract in the course of almost no might expect this to occur, we assume in this case is still based on the parties entered into a contract can not lift or change it, the interests of the parties will change based on the damage, will also increase the parties concerns about future risk rather than the conclusion of the contract, but it is not conducive to the advancement of social and economic development. The principle of change of circumstances can reduce the risk of social development, the interests of the imbalance in the balance, for the regulation of the economy development; to achieve substantive justice has important significance. But he is one of the double-edged sword, the principle of change of circumstances may due to judicial power abuse and the substantive fairness and justice cause damage. In the process of the principle of change of circumstances is discussed, the author used the method of comparative analysis, legal analysis, normative analysis and empirical analysis, hoping to live through the analysis of the principle of change of situation carries on the summary and analysis of a deep, this paper is divided into four parts: first, the change of circumstances the principle discusses the necessity, from its existing basis to start analysis principle in our country the significance of the change of circumstance; secondly, the author compared with force majeure and commercial risks, objectively demonstrates the principle of the changed circumstances of the defects; the third chapter is the innovation of the travel contract, commercial housing sales contracts, construction contracts and labor contracts, the specific situation of the current situation of the use of the principle of change in real life; in view of the above discussion, the author in the fourth chapter proposed to our country circumstances change principle suggestions, hope to be able to initiate of our situation change principle of legislation and judicial event building blocks.