Change Of Circumstances In The Performance Of The Contract And The Principle Of The Application

This paper is divided into five parts, around the change of circumstances in the performance of the contract and the principle of the application these two problems, Specifically, Including the concept of The principle of change of circumstances and the nature of it, the historical origin of the principle of change of circumstances, Including the conditions of application and scope of application to the principle of change of circumstances,, the difference between the principle of change of circumstances and other systems(the force majeure, the commercial risk, conditional civil case, alterability and Revocable civil case, the frustration of contract, the exemption clause, the impossibility),the Legal effect of the principle of change of circumstance.the principle of change of circumstances is which happened some specific situation lead to a party of litigants suffer heavy interest loss or a party of litigants earning less interests, benefits of both parties have been Imbalanced, so we need use legal means to balance the benefits of both parties. as for its nature, the principle of change of circumstances is a suppletion law, interpretation law, free Discretion law, dispensing law, artistic law. in Our Country, the establishment of the principle of change of circumstances has went across a long day's Journey, in comparison, foreign studies are much more excellent. The main research object is the civil law system, through comparative study, We can reference foreign theories and judgments. at the present time, the general view in Our Country is"five elements"view, it really occurrenced Objective change of circumstances, After the formation contract and before done with contract performance, unforeseeable, can't imput to any parties, it occurrence obviously unfair consequences. This view existences apparent problems, firstly, cases in life are diverse, if only strictly application this view we can't reach the goal all the same, secondarily, this view is ambiguity, vagueness, fuzziness and generality, What is the change of circumstances? What is obviously unfair? We have not a available method to determination in life. the present paper bend itself to sublation the"five elements"view, also combine with cases and conclude the typical form for information.Through analysis the differences and the connections between the principle of change of circumstances and other systems(the force majeure, the commercial risk, conditional civil case, alterability and Revocable civil case, the frustration of contract, the exemption clause, the impossibility),We need to do well in link-up between two schemes and establish clear legal framework, in practice, we should make clear the differences and relations.We research the concept ,the nature, applicable condition of the principle of change of circumstances and the differences between similar systems, the last part analysis its Legal effect. After the application of the principle of change of circumstances, contract will be changed or repealed. The forms are including increase or reduce subject matters, delivery by instalment or suspension of payment, change the payment, refuse to pay firstly, the right of suspension of performance, to pay with other currency, and the poverty state counterplead right. Etc. finally, this paper research the duty to renegotiate, we have the necessary to Import this system, the obligation can't reflect autonomy of private law but restrict the autonomy of private law, however, the goal can't be manufactured too highly, we don't ask the two parties manage to a new contract or attain to specified results. It's not a fruiting obligation but a behavior obligation, as long as one party of the litigants consult with the other party, we consider that she or he has discharged the obligation.