Research On The Application Of The Rule Of Force Majeure In Contract Law

In Contract law, The principle "contract must be strictly abide" which derived from the ancient Roman law has influenced it by adhere to the concept and correction throughout the course of the entire development in modern civil law. "Contract strictly" concept either in civil law or common law have been greatly highlight. indeed, the autonomy of party autonomy and the private rights recognized as "debt" the cornerstone of the concept of production and the development, the prosperity of the modern contract law depends on the establishment of the basic value. Along with the social economic development, however, the image of "person" in civil law occurred profound changes and adherence to "contract" principle constantly corrected, "force majeure" also arises at the historic moment, and with the inheritance and development of two important legal systems,in their respective cases. the corresponding evolved "contract with every purpose" and "impossibility" rule of law.At the applicable rules of force majeure, however, did not get rid of it too abstract, highly probability characteristics, on the epitaxial hard and changed circumstances, risk burden, accidents and other similar concepts; On the connotation of its judgment standard of judgment, the determination of limitation of liability, loss sharing rules, there are still differences.China's Contract law adhere the civil law tradition three elements of socialism in our country, set up in order to "not unforeseeable, unavoidable and cannot overcome" three elements of interlocking system of force majeure. By the contract law article 94, article117, article 118 in order to frame up the force majeure, within the framework of the basic rules of judge again the referee has great discretion in space.From the perspective of judicial practice, the force majeure rules apply complex problems involved tend to judge the referee the use of technology and interpretation skills have a great relationship. In this paper, through the exploration and analysis of the theory of force majeure, based on the judicial practice in our country in recent years, attempt from the perspective of applicable law to force majeure rules of interpretation of reality, and on this basis, the contract law in our country on the force majeure rules applicable way to explore. The full text context is as follows:The first part is the theory part, through to "force majeure" in history and legal battles,understand its background. In the continental law system and Anglo-American law system relevant information, documents, is of great significance to the system of "impossibility" and "lost" contract system to comb, and from the tort law and contract law field analysis of force majeure rules, as well as later force majeure rules analysis.The second part is the introduction to the force majeure rule in Chinese contract law.Since legal source, the current paper summarizes rules and force majeure clauses on contract law. And then mainly focuses on the judicial practice, through case collection and analysis, the approximate to the force majeure and related concept discrimination. With the comparative analysis and the method of legal interpretation, selected associated with the force majeure rules "risk burden", a "material adverse change", "accident". Combined with the difference on the specific case to apply.The third part on the basis of the above theory foreshadowing, from the actual operation situation of force majeure rules, to discover the problem, key from the notification and the duty of proof, the three elements, legal consequences three aspects analyze the pros and cons. This part still adopt the method of combining theoretical analysis and case analysis, mainly applied to actual cases of force majeure rules of the conflict as a point of view.The fourth part continues to explore rules applicable method of force majeure. From the perspective of legal application technology, explore "claim", "typed" the right way, and to apply the technology behind the pursuit of legal certainty value are discussed, revealing rules of force majeure shall be governed by the laws of nature as a complex interpretation technology.