Study On The Principle Of Change Of Situation

Clausula rebus sic stantibus is a kind of doctrine which is about the effects ofthe contractual obligations, it is also a kind of doctrine governing the performanceof the contract. It is stipulated in the contract laws both in the civil law countries andin the common law countries, and plays a very important role in the contracts.Clausula rebus sic stantibus has always been recognized both in the theory and inpractice, though it has not been stipulated in our Contract law.The introductory remarks of this thesis give a brief introduction about theconcept of Clausula rebus sic stantibus and point out that it is the specificapplication of the doctrine of good faith in the contracts in order to eliminate theunfair results.The body of this thesis can be divided into four parts. The first part is mainlyabout the history and evolution of Clausula rebus sic stantibus, and it also makes acomparison with the doctrine of frustration of purpose in the common law contracts.The second part is about the theoretical basis and the contents of the doctrine. Itmainly analyses why the doctrine of good faith is the theoretical bases of Clausularebus sic stantibus. In this part, it also analyses in details the legal requirements,legal effects and legal procedures when the doctrine is applied. In the third part, itmakes a comparison between the doctrine of Clausula rebus sic stantibus and otherdoctrines, such as the doctrines of commercial risk, force majeure,unconcsionability and good faith. The fourth part is the core of this thesis. It is somekind of legislative suggestion that Clausula rebus sic stantibus be stipulated in ourlegal system. At first, it briefly recalls the history of applying Clausula rebus sicstantibus to solve the changed circumstances in the past;next, it analyses thereasons why Clausula rebus sic stantibus has not been adopted in our Contract Law;then, it points out the problems stemming from the application of Clausula rebus sicstantibus in practice;at the end of this part, it emphasizes the necessities ofstipulating the doctrine of Clausula rebus sic stantibus in our legal system, givessome advice on the legal requirements, legal effects and legal procedures of thedoctrine, and points out that there must be some kind of restriction to govern theadoption of the doctrine in order to avoid possible unfairness.In the conclusion of the thesis, it iterates the importance of Clausula rebus sicstantibus. For the purpose of protecting the legitimate rights and interests of theparties to contracts, maintaining the socio-economic order and promoting thesocialist modernization, it is necessary to make Clausula rebus sic stantibus ageneral doctrine into the Civil Code which is under way and into the Contract Lawwhen it is modified in the future.