Study On The Obligation Of Renegotiation Under The View Of The Changed Circumstances

Negotiations exist in the whole process of contract. The parties make an agreement to conclude the contracts through negotiations and then to form a specific rights and obligations relations. In a series of negotiations, at the first status are the negotiations of concluding the contracts. This is the premise of all other negotiations. The negotiations between the parties after the contract concluding are referred to as "renegotiation"."The renegotiation" referred to in this article is only limited under the changed circumstances. The so-called the obligation of renegotiation, means there happened the changed circumstances which had not attributable of the parties, in order to eliminate the interests of serious imbalances, the parties of the contract had a duty to negotiate the adjustment of the contract to achieve the purpose of the contract.Since was raised for the first time in the1980s by the German scholar Norbert Horn, the obligation of renegotiation attached great importance by academic circles and judicial practice. The obligation of renegotiation is still in the theoretical research level in terms of national legislation, but as a reflection of the rules of international commercial exchanges, the "general principles of international commercial contract" and "principles of European contract law" had made the obligation of renegotiation into a written statement. To a certain extent, this is also reflects the legislative trend of the principle of the changed circumstances to solve the problem of the adjustment of contract. At present, China’s supreme people’s court has passed the judicial interpretation which established the principle of changed circumstances. But how to change the contract in case of changed circumstances was not make clear rules. So the obligation of renegotiation in the law in our country is still blank. The author hopes that through an introduction to the theory and value analysis of the obligation of renegotiation, we can enrich the theoretical research and legislative practice of the changed circumstances.Besides preface and conclusion, this paper will be divided into four chapters. Structure and content are as follows: The first chapter is mainly from the general theory of the obligation of renegotiation and introduces the background of origin. Then analysis the concept, content and legal nature of the obligation of renegotiation.The second chapter is mainly analysis the constitutive elements and legal effects of the obligation of renegotiation. Then demonstrates the legal status of the obligation of renegotiation in the principle of the changed circumstances. To make a comprehensive microscopic inspection from the aspects of constitutive elements and legal effect of the obligation of renegotiation. Then make it more legislative and practical.The third chapter is mainly about analyzing the necessity and feasibility of building the obligation of renegotiation in our country. Then put forward the general idea of the improvement of the obligation of renegotiation under the principle of the changed circumstances.The fourth chapter is based on the theoretical analysis of the first three chapters. Combined with the current situation in China, the author talks about how to set up the obligation of renegotiation in the housing sales contracts and finally applying the obligation of renegotiation in the housing sales contracts.