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Contract For The Sale Of Changed Circumstances In The Application Of The Principle

Posted on:2013-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:X H XiaFull Text:PDF
GTID:2246330395473143Subject:Law
Abstract/Summary:PDF Full Text Request
The principle of changed circumstances as an important principle inthe performance of the contract, reduce contract disputes, regulate theparties to the performance of the contract, the imbalance in the balancedue to significant changes due to various objective situation of bothparties interests to have a positive meaning. The introduction of theContract Law to explain the corresponding provisions in the principle ofchanged circumstances. More important, given the court directly interferewith the contractual relationship "equitable discretion" principle ofchanged circumstances, which makes the "Contract Law" to adapt to the newchanges of the socio-economic situation, more effective, more flexibleadjustment between the partiesconflict of interest, protection of normalsocial and economic order; unified to achieve legal and social effects.However, potential changes in the application of these principles ofthe situation changes and the concept.it is a question worth exploring.The principle of changed circumstances whether to get accurate andeffective application plays a vital role in our judicial practice.Therefore, exploration through the relevant principles in the case, thesituation changes in the form of. Parse the actual situation, the courtin the judicial practice is how to change the situation, as well as howto apply for a change of circumstances, the refereeā€™s principles. Whilethe difference between the theoretical structure of the principle of thechange in the analysis of the situation and the change of circumstancesof force majeure and commercial risk related concepts, is more focusedon the analysis of how the changed circumstances with the relevantconcepts defined in the judicial practice. For the situation to changethe application of the principle of focus and difficulty is how toaccurately define its boundaries and related concepts.
Keywords/Search Tags:Contract of sale, Change of circumstances, Commercialrisk, Force majeure, Principle applies
PDF Full Text Request
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