Research On The System Of Change Of Circumstances In Continental Law

Ancient Roman law to pursue the contract must be followed strictly, means the contract once they reached the parties shall strictly constrained, the contract is the law between the parties. However now accelerate the pace of development of the society, economic situation and social situation changing, endless variety of emergency situations, the phenomenon of contract must be strictly challenges the principle. After the signing of the contract and the continuing performance of the process, the political situation and economic situation of the community may change. These changes will make the performance of the contract by a variety of factors, the obligations of a party significantly increased significantly, which leads to the contract is not fair to the parties concerned. At this time, if we continue to perform in accordance with the original contract, it is obviously unfair, the substantial justice of the contract was destroyed; if not continue to perform, the contract form of justice is also facing challenges. It is in this situation that the change of circumstances has emerged as a solution to this conflict.In the law circle of our country in the provisions of the changed circumstances experienced a long process, during from academia to explore the warm to contract law timing prudent avoidance to the introduction of the general provisions of judicial interpretation, a coming of ups and can be described as rise and fall. As an important system in the performance of the contract, the change of circumstances is of great significance to regulate the performance of the contract, reduce the disputes, balance the interests of the imbalance and so on.2009 "Supreme People’s Court on the application of the people’s Republic of China Contract Law," the introduction of several issues (two), the introduction of the situation in China has marked the change of the system has a clear legal basis. But in the practical application, this provision still exists such as the legal consequences and the standard provisions are not clear, and many other issues.Based on the above considerations, this paper makes a detailed analysis of the specific issues on the basis of the full elaboration of the theoretical knowledge of the civil law system. In combination with the current situation and problems of our country’s legislation, we will draw on the mature theoretical achievements and advanced practical experience of foreign countries, and put forward the concrete suggestions on improving the system of China’s change of circumstances.This thesis will be divided into three parts to study the system of change of circumstances in the civil law system. The first part is the significance of the relatively perfect system of change of circumstances, which mainly introduces the definition, historical evolution, theoretical basis and the significance of the change of circumstances. The theoretical basis of the system of change of circumstances is introduced in this paper. The theory of the system of change of circumstances is introduced to establish and develop the theory of the system, so as to distinguish and apply it in practice. The second part introduces the development of the system of change of circumstances in the continental law system, Germany and France as the sample countries, the main introduction of the mainland legal system of the situation of the constitutive elements, legal consequences and evaluation. As a breakthrough point, this study discusses the specific application of the system of change of circumstances in the civil law system. The third part is devoted to the study of the Enlightenment of the system of change of circumstances in the civil law system to our country. In the front two parts on civil law regime change system research based on, for the enlightenment to our country civil law regime change, our country circumstances change the status of the system and the existing problems are summarized, then gives some personal opinions and suggestions to our country circumstances change system existing problems and the future development.