Study Of The Change Of Circumstances In The Civil Law System

Rebus sic stantibus, as the special relief method for contractors, has been accepted by most countries and regions. The need for legal system of rebus sic stantibus in reality is so great that it is very pitiful for China's legal system not involving it. That is why I choose this theme and try to probe into it.The article reviews the origin and development of rebus sic stantibus, which was misused in certain period before 20th century and revived after it. Then the article also analyses the doctrinal interpretation and the conditions of using rebus sic stantibus and the legal effect of it. In the end, the article presents the development of practice and theories about rebus sic stantibus in China, and reaches the decisions that the legal system of rebus sic stantibus in China has some drawbacks and needs to be restructured.The article can be divided into three parts. The first one contains chapter one and two, in which presents the concept of rebus sic stantibus, development and theoretical interpretation of France, Germany and the common law system. It is concluded that rebus sic stantibus was opposed in the past and was accepted in some way in many countries. The second one contains chapter three and four. This part gives theoretical support for the restructuring of rebus sic stantibus through comparing with force majeure and business risk and frustration based on the afore statement. The third part contains chapter five, in which analyses the necessity of the restructuring of rebus sic stantibus and provides a way to it after the research of the leagl practice and the present law and regulations about rebus sic stantibus in China. At the end of the article, it is suggested that reconstructuring the clausula rebus sic stantibus is very necessary in China in consideration of the advanced countries.