The Tradeoff Theory Principle Of Changed Circumstances In Conformity With The Contract Binding

Regime change system is an important system in contract law field. It has practical application in the countries of civil law system and common law system.The system breaks through the restriction of contract binding force to both parties. In the case of major changes in the external environment, the system can avoid the loss caused by the contract to one or both parties. This system is a concrete manifestation of the field of contract law in the field of fair principle and the principle of good faith.In the era of rapid change in the market environment can play a role in the protection of the market, the role of stable economic order.In the process of establishing the market economy, China has gradually established a system of civil and commercial law which has been adapted to the market economy. The principle of changed circumstances is also in the contract law interpretation "reflected, but this system in the judicial practice the trail tapes, did not give full play to its due role.The based on the foundation of combing the situation changes and the contract binding theory, analyzes the judge in maintain the binding force of contract and applicable situation change principle to break the binding force of contract between the right measure of necessity and the purpose of the tradeoffs, and explore the judge should be in between the two tradeoffs, combined with the judicial practice of our country’s situation change system cold reason, and puts forward some thoughts to change the status quo, in order to provide reference to related legislative and judicial activities.The first part of this paper is to reveal the source and the legal basis of the contract binding force, and analyze the reasons of the contract to the parties and judges, and the theoretical basis of the law of breaking contract constraint. The concept and the legal basis of the principle of the change of situation are expounded.The second part points out what is the "trade-off", and analyzes the necessity of the application of the principle of change of situation in the judicial practice, and puts forward the idea of how to balance the relationship between the two.In the third part, the paper introduces the general situation of the application of the principle of change of situation and the balance of the maintenance contract, and analyzes the reasons of the judges in the judicial practice.The fourth part focuses on the measures that should be taken to make the judicial practice in the judicial practice, to balance the relationship between the maintenance contract and the application of the principle of change of circumstances. Even the principle of change of circumstances can play a role, to break the rigid binding force of contract, achieve substantial justice and the abuse that harm the economic order and transaction security.