Every Contract Principle And The Principle Of Changed Circumstances

Principle of Frustration and the principle of changed circumstances is an importantand special legal regime in Common law countries and civil law countries. Principle ofFrustration and the principle of changed circumstances occupy a pivotal position inLegislation, jurisprudence or theory in most countries because of the advantages ofadjusting conflict of interests between main players in the market and maintainningthe justice of the law. The principle of changed circumstances is also be concerned in ourcountry.Since the principle of changed circumstances had not been adopted byContract Law drafted in1999, Chinese scholars havd launched up to more than a decadeof heated debate about Legislation of the principle of changed circumstances. Finally,Contract Law in2009made express provision on the principle of changed circumstancesin the form of Judicial interpretation. The introduction of the principle of changedcircumstances indicates that Judicial practice of the principle of changed circumstancesis becoming more and more mature.Combined with related cases,this article adopts a comparative inspection tosummarize the differences between the two Principles in many aspects on the basisof discussions in the concept,the theory of the origin and theoretical basis, theapplicable conditions of the legal, consequences of principle of frustration and theprinciple of changed circumstances. Then, combined with China’s actual situation, thisarticle will explore advantages we can learn from the two principles on the basis ofanalysis before and then put forward to my legislative thinking and judicialrecommendations in order to improve the principle of changed circumstances in ourcountry.This article is divided into four following chapters：The first chapter analyzes the principle of frustration. Firstly, this chapter describesthe principle of frustration in England and discusses the concept, the theoretical originsand theoretical basis and the appliance and the consequences of the principle offrustration. Secondly, this chapter describes new developments in USA and makes a detailedanalysis on the three specific rules: Impossibility, Impracticability and Frustration ofpurpose.The second chapter analyzes the principle of changed circumstances. This chapterdescribes the concept, the nature, theory development, theoretical basis, the elements andthe legal consequences of the principle of changed circumstances in civil law countries.The chapter focuses on the development track of theory of StoerungderGeschaeftsgrundlage in Germany, and analyzes the terms of No.313in the new GermanCivil Code.The third chapter analyzes the differences between principle of frustration andthe principle of changed circumstances. This chapter summarizes many differences inthe origins of theories,the elements, the legal consequences and the applicable proceduresbetween the two on the basis of the similarities.The forth chapter analyzes how to improve the principle of changed ircumstances inour country. Firstly,this chapter summarizes the legislative and judicial status about theprinciple of changed circumstances in china now.Secondly, the chapter will get somerevelations by comparing the two principles.Thirdly, the chapter will think thelegislation of the principle of changed circumstances in China to analysis above, thisarticle will propose some judicial suggestions to improve China’s principle ofchanged circumstances...