Change Of Circumstances

" Some will observe " principle is an ancient civil law basiprinciple.Combination of civillaw. For established debt. The debtor must be comprehensive, correct to perform the debtobligations. The creditor’s rights be fully realized. Some will observe " principle emphasizeson the binding contract. Nature is built on their compliance with the contract basis taking intoaccount transaction security and trust protectioncan be said that " some will observe "principle is to safeguard the healthy development of market economy. Some will observe isnot absolute, changed circumstances rule is some will observe the exception.After thecontract established,as a contract which set up the objective basis of significant change and isnot attributable to any one party causes, Causes the contract to continue to perform. To makethe contract original frustration of purpose. Out of the consideration of fairness and justice,for the parties to balance the interests of the parties, should be allowed to modify or rescindthe contract. Since twentieth Century Change of circumstances " rules have becomecontinental law system is an important legal system Change of circumstances ".Refers to theestablishment of an effective contract after, If there is a reason not attributable to the objectiveChange will directly affect the performance of the contract when the results. If still require theparties concerned according to the original contract to perform the contract. Give a party forcausing display unfair results. At this time, law allows the parties to contract and exemptionfrom liability for breach" Change of circumstances " is to balance the rights and obligations ofthe parties to the contract. The pursuit of substantive justice, safeguard commodityexchange.Before the theory circle of our country on the " change of circumstances " to savethe waste has been disputed,But with the development of economy, the complexity andunpredictability of enhancement, and an earthquake, mortgage policy introduced and theoutbreak of the global financial crisis. Events on the performance of the contract had a greatimpact, a lot of contract performance suffered a hindrance, disputes have emerged. We needto adjust the situation change rule. China in the summary of theoretical research and judicialpractice experience, in the Launched in2009," explanation of Contract Law (two)". Thejudicial interpretation promulgated formally established the " change of circumstances "rules.But the situation change rules in the contract the specific application of the problem is not a clear and uniform standards for practice, which brought a lot of confusion. Based on the" change of circumstances " in practice application summed up many problems, the authorhopes to " change of circumstances " rules make a thorough study and the application incontract to do a research problem. And hope for the " change of circumstances " to apply tothe contract and put forward feasible suggestions to perfect the field. Through empiricalanalysis, normative analysis, comparative analysis, legal analysis to discuss the rule of changeof circumstances. Designed for " change of circumstances " rules in the contract for acomprehensive, in-depth study.To change the situation is a "double-edged sword ".On onehand, changed circumstances rule can adjust the economic relationship, sharing the social risk,the imbalance between the interests of balance, the realization of substantive justice. On theother hand, variation rules apply least likely to abuse of discretionary power of judges,resulting in the pursuit of " fairness " to lose. But no matter what situation change rules of thedevelopment of market economy also has a practical significance. Current, our country is ineconomic shunt process, the reform has entered phase of assault fortified positions, effects oftransaction stability and security, resulting in unfair trade factors more and more. Such as law,amendment repealed, make a contract in a legitimate, in performing but unexpected illegalcontract does not be caused performance or the performance does not actually. These changesare the parties in the contract when there’s no telling. Now we cannot absolutely emphasizedvoluntary contract contract cannot change or cancel, Otherwise the situation will change forthe parties to the contract and the impact of shocks will weaken the actual strength andposition, to increase their concerns and worry about the future, or wrap back. Change ofcircumstances to adapt to rapidly changing rules of real life.The thesis is divided into five chapters:The first chapter is introduction. Firstly, under the circumstance change research purposeand research significanc. Then the research status at home and abroad, the research methodsand innovative points of this paper, the structure ofThe second chapter is " the general problem of rebus sic stantibus " rules. Clarifying theconnotation of " rebus sic stantibus ", difference and related legal concepts, historicalevolution and theoretical basis. The aim is for the overall situation change a picture. The third chapter studies the applicable rules of change of circumstances in the contract.Including " applicable conditions changed circumstances " rule in the contract and theapplicable consequences. In order to apply changes to the situation from the visual angle of anidea.The fourth chapter is the innovation point of application rules change situation inpractice. The contract for the sale of commercial housing, the travel contract, labor contract, acontract for construction project for the application of changed circumstances in the specificin the contract, in order to more vivid understanding situation change rule.The fifth chapter discusses the deficiency and improvement of existing circumstanceschange rule. The first analysis of China’s " changed circumstances " rule in legislation,judicature and the lack of. Secondly, put forward some suggestions to improve the.