Discussing On Application Of The Principle Of Alteration In Different Situation In Chinese Foreign Trade Contracts

“Contract Must Strictly Uphold” is a fundamental principle of thecontract law,and all the more so its theoretical foundation;the principleof change of situation is an exception of that principle,but thisexception is on the premise of acknowledgement of the principle of“Contract Must Strictly Uphold”.Since entry into WTO in2001,theeconomic exchanges between China and other countries and regions havebeen continusly expanded,and the number of foreign trade contracts hasalso been increase more and more.Faced with the diverse and complexinternational situation, in the process of our country’s foreigneconomic trade, the situation that serious imbalance of claims andliabilities between the two parties of the contract likely caused byabnormal change of situation is unavoidable. Therefore, the principleof change of situation is particularly necessary in foreign tradecontracts. On the premise of combination of law theory and judicialpractice, this essay makes a simple study on application of the principleof change of situation in foreign trade contracts, aimed at providingsome train of thought for protecting the benefits of both parties offoreign trade contracts.This essay makes a deep discussion mainly by analytical and aposteriorimethods, as well as a theoretical analysis by comparison. This essaybreaks through the theory bond that the principle of change of situationoriginally has, highliting the value concept pursued by the applicationof the principle of change of situation in foreign trade contracts.Meanwhile, this essay combines the theory and practice closely, deeplyanalyzing the constitutive requirements and its applicable legalvalidity of the principle of change of situation in foreign trade contracts, which is believed to be helpful for application of theprinciple of change of situation in foreign trade contracts.