Principle Of Changed Circumstances, Research And Application In China

This article altogether divides into six parts is the introduction, the concluding remark and four discusses the rebus sic sicutibus principle. The first section mainly introduced the rebus sic sicutibus principle concept and its historical evolution and the rationale, by its historical development process and in establishes in this principle process from its basic concept understanding the mainland legal system country and the English America legal system country to its rationale discussion and the dispute, causes us to understand what is the rebus sic sicutibus principle as well as world many countries must discuss this principle, as well as is discussing this principle time also has any type the viewpoint. The second section mainly introduced how should understand the rebus sic sicutibus principle, mainly divides into: Constitution important document, potency as well as with correlation legal concept relations. Constitution important document this part introduced when suitable circumstance change principle which conditions should conform to, only has conforms to when these conditions can be suitable the rebus sic sicutibus principle to solve the legal matter; Potency this part introduced from the procedure and the entity is suitable legal effect which the contempt change principle possibly brings; Then in introduced with correlation legal concept relational this part the rebus sic sicutibus principle and the force majoure system, the normal commercial risk, reveal loses the civil behavior which fair, the disclosure, the honest credit principle as well as may change, may abolish and so on easily to have between the confusion basic concept relation and the difference with the circumstance change principle. The third section minute time interval introduced our country suitable rebus sic sicutibus principle present situation, before contract law formulation the rebus sic sicutibus principle has not obtained very good being suitable, may say nearly has not been accepted; But at formulation contract method time, our country jurists also have the very great dispute, but the final legislator does not have the acceptance of the rebus sic sicutibus principle; After contract law formulation, although does not have the acceptance of the rebus sic sicutibus principle, but our country contract law had stipulated attempt and so on a series of correlations stipulation like force majeure system makes up the rebus sic sicutibus system by this the in sufficiency. The fourth section mainly introduced why has to accept the instruction change principle in our country in the contract law. Firstly introduced the acceptance of the rebus sic sicutibus principle practical significance, has analyzed in our country present stage regardless of all should adopt the rebus sic sicutibus principle regarding the economical development regarding our country legal system consummation; Then pointed out all should accept the circumstance change principle in our country judicial practical as well as our real life, and from this international situation looked also has accepts this principle the necessity; Finally in pointed out should accept the rebus sic sicutibus principle simultaneously to analyze the acceptance of therebus sic sicutibus principle some questions which should pay attention in the legislation and the judicature, namely in legislation explicit rebus sic sicutibus principle suitable condition, had to limit judge's freedom in the judicature to decide after deliberation the power.