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Research On Application Of Circumstance Modification Principle (CMP)

Posted on:2015-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:S ZhangFull Text:PDF
GTID:2296330431999412Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Circumstance Modification Principle (CMP) means, after getting a contract, some huge changes happened, which belongs to be unexpected, neither due to Force Majeure nor Commercial Risk. Under this situation, if it still keeping the fulfillment of that contract, it should bring about an unfair result or the purpose of that contract just cannot be achieved. Thus this kind of contract could be changed or terminated with exception from liability. CMP is one of the most important principle in Contract Law, which aims to implement some fairness, which Pacta Sunt Servanda Principle cann’t do, maintain the social essential fairness, and stabilize the order of economic market circulation. However, due to CMP got some similarities with Commercial Risk and Force Majeure, there are some confuse in CMP application in justice practice. Company A v. B County Government&Sand Excavation Office is a case that confuse CMP, Commercial Risk and Force Majeure. Based on Company A v. B County Government&Sand Excavation Office, this dissertation is expected to clarify the application of the CMP in our country, through concluding the CMP’s implication and history, and making a clear distinguish between CMP and Commercial Risk from Risk Nature, Effect Range, the Level of Risk, the parties’Subjective and the Result aspect; and making a distinguish between CMP and Force Majeure from the Premise of Application, Application Range and Application Procedure aspect.
Keywords/Search Tags:CMP, Commercial Risk, Force Majeure
PDF Full Text Request
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