Study On The Principle Of Change Of Situation

In this thesis, the author mainly discusses one of the principles ofperforming contracts under the Contract Law -- the principles ofcircumstance alternation. From the perspective of historical development, theory foundations, applicable conditions, force adeffect and so on, it should be suggested that this principle should be acknowledged and adopted to the Contract Law in our country ,the author's opinion comes from our long tradition and feasibility of this principle. After studying the history and related theorical foundation, the author thinks that the principles of circumstance alternation is based on the mutual integration of Honest Principle and Fair Principle; after discussing the applicable conditions and the force adeffect, the author suggests that the circumstance alternation should occur only after the contract has been put into effect, not entered into contract lonely. The scope of circumstance alternation should be redefined on the condition of the Force Majeure, which has been defined in the General Principles of The Civil Law of The PRC; there are also a few personal opinions relating to the theories of force adeffect in this thesis. Finally, the author gives advices on legislative and judicial strategies that are relevant to the principles of circumstance alternation applicable in ourcountry.