On The Principle Of Change Of Situation In The Contract

The situation is to change the principle of contract law the important principle, it is emphasized that the essence of the fairness, justice. The principle in the world of the two main law systems are recognized. Our country belongs to the civil law system countries, in China’s contract law system for initial timing, whether it should be this principle in the contract law, attracted participation in legislative theory law,application of law and other experts in the field of heated discussions," contract law" promulgated and implemented the eventually adopted not advocates establishing the principle of change of circumstances send comments. Zero three years a come unexpectedly "SARS" epidemic spreading quickly in China, as well as zero four years of relentless outbreak of bird flu, brings us not only the fear of illness, at the same time also once again aroused academic circles for the circumstances change principle should be established in law considerations come one after another, and the emergency proof of the principle of change of situation theory in our real life, social practice, necessity and pressing sex. When the judicial practice in our judges face by change of circumstances leading to or difficult to fulfill the contract, how to solve? How to give a proper judgment basis! The judge also cannot refuse referee, in practice, this problem is obvious, it is difficult to avoid.The principle of change of circumstances is defined as:the parties sign a contract becomes effective, objective circumstances that do not belong to the business risks, if the parties cannot be predicted, an event of force majeure caused huge changes. If you continue to perform the contract, to be a party to the contract damage caused to the parties, or the final to reach the purpose of the contract. And allowed to modify or rescind the contract principle. The principle aim is to maintain the balance of interests between the parties, uphold and carry out the principle of justice in both civil law, the principle of honesty and credit, is a good example of the legal continuity. In view of the current law in our country is made clear in the principle of change of circumstances is practical and pressing sex. At the same time with the theory of jurisprudence is thorough with each passing day and mature legal cognition and judicial practice in such cases is ceaseless emerge in large numbers, China’s various types of law are constantly updated, adjustment, the principle of change of circumstances of the legislation environment and the opportunity is mature day by day, in order to perfect our judicial construction, in the contract law to establish the principle of change of circumstances, and then perfect the contract law. In order to make our country economy in the life the events of change of circumstances can be better solved.The Supreme People’s court in2009April announced the Supreme People’s court" regarding the application of the contract law of the PRC" several explanations (two) on the principle of change of situation to make a provision, will have interrupted the principle of change of circumstances legislation restored. This paper demonstrates the core, the principle of change of circumstances of legislation necessity, and how to perfect the legislation after how to apply. This paper uses comparative analysis, historical research, and the method of case analysis.The full text is divided into four chapters, the first chapter mainly introduces the principle of change of situation in general, including the principle of change of circumstances of the concept, nature and significance. Mainly elaborated its and the comparison of related concepts:and the force majeure, business risk and. The second chapter is about the principle of change of circumstances of the evolution and the theory basis, including from the Rome times to the end of World War I the theory evolution. Discusses the principle of change of situation in continental law system and Anglo-American law system contract contract theories of the origin and development process, from the perspective of comparative law are analyzed, inspected the world each country and the law of the relevant legislation, also expounded the important theoretical basis of the principle of change of circumstances. The third chapter discusses things change principle applicable conditions and effectiveness, proved that the two parties of the contract with what kind of objective and subjective conditions can apply to the court to apply the principle of change of circumstances in order to protect their own interests. Application of the principle have brought a series of legal consequences. The fourth chapter, based on the principle of change of situation in the legislative status quo, recalling the past, look to this age. First analysis of the once our country about the principle of change of circumstances of legislation, and then discusses the legislative, the principle needs to be perfected, and the judiciary in the application of this principle needs attention。Throughthe proof, the author draws the following conclusion:after the hardships and dangers, the principle of change of situation in our country finally entered the legislative process. We are delighted to see the principle of change of circumstances, the relevant provisions have been explicitly included in the" people’s Republic of China"(two) explanation of contract law. It is in this field of our country a substantial leap. How to apply laws are applied to the problem of how to better, to avoid the abuse, but also to avoid the law and put it away unheeded, this gives the judiciary has put forward higher requirements.