The Principle Of Changed Circumstances

The aim of creating the principle of changed circumstances is to avoid the rigidity of Pacta sunt servanda and truly put the principle of justice into effect.The principle of changed circumstances is one of the most critical principle of contract laws,which is widely acknowledged and accepted by different countries. The contract law of China made in1999makes no provision for the principle of changed circumstances. The absence of the principle leads to confusion and inconvenience in judicatory practice.In2009,the principle was re-stipulated in the second judiciary interpretation of contract law adopted by supreme court is re-stipulated. So to speak, the Judicial Interpretation brings about new opportunity to the principle of changed circumstances.The theory circle and the practice circle has been trying to reexamine the principle of changed circumstances under the background of complicatedand volatile social environment and the financial crisis.The full text is divided into five chapters altogether:The first chapter introduce general concepts of the principle of changed circumstances,including the historical evolution, the constitution important document,the legal effect, the difference of the principle of changed circumstances among the correlation law system;the rationality.The second part of this thesis argues the principle of change of circumstances on comparative law. From the angle of comparative law, this thesis canvasses the theory of imprevision in France,Geschaeftsgrundlage in Germany, Frustration of contract in common law countries.The third chapter describes the principle of change of circumstances from the angle of Legal Philosophy. To be specific, I vindicate the principle of change of circumstances from two aspects:Contract justice and contract value conflict.The fourth chapter arguse the theory and practice of the principle of change of circumstances in China.This part can be divided into four parts:the estabishment and development of the principle in China; According to the second judiciary interpretation of contract law adopted by supreme court, how to apply the principle of change of circumstances in judicatory practice; the theoretical Foundation and the application producure of the principle in China.The last part focuses on the new policies of real estate and the application of the principle of change of circumstances. Since the new Macro-Control policies of real estate introduced gradually, a lot of disputes appears.Can the principle of change of circumstances be used to resolve such disputes caused by new polices of real estate?This question not only has much to do with the hot issues of society nowadays but also has much to do withcontract law theory.