Principle Of Changed Circumstances In The Construction Of The Contract Apply To Construction Projects

An indispensable principle in the contract law system is the principle of the changed situation. In May 2009, the supreme people’s court has issued a "about apply to< the contract law of the People’s Republic of China> (2)" the explanation of some issues, in the form of judicial explanation,. The project construction contract fulfilling the long term and large quantities, vulnerable, etc, the principle of the changed situation on this kind of concrete application of the contract still have larger controversy. This article through classification of discussion in the process of building engineering construction circumstances apply the principle of changed circumstances, in order to achieve fairness in contract law, balance the interests between the employer and the contractor.There are five sections in this article:The first part of the system introduces the principle of the changed situation, this paper discusses the concept and constitutive requirements, with the other to confusing concepts in the form of chart.The second part of the project construction contract is introduced, points out that the particularity of this contract. From different classifying its pricing, this paper discusses the principle of changed circumstances is applicable under the contract denominated in different ways.Third part name classic case, through the analysis of cases, will apply the principle of changed circumstances in the process of construction engineering construction are summarized and classified. And put forward the concrete when apply the principle of the actual problems, as well as to the thinking of these questions.The fourth part discusses how a material adverse change in the process of construction engineering construction reason, the ways to solve the contradiction between contract parties.The fifth part combining with the characteristics of construction industry in China, to prevent the abuse of the principle of changed circumstances, to perfect the protection of the rights and interests of the parties to a contract in building engineering construction contract problems are proposed.