The Application Of Clausula Rebus Sic Stantibus

As a crucial doctrine,clausula rebus sic stantibus was accepted and applied in some of the western countries but failed to be coded in Chinese law.There used to be a heated debate whether we shall apply such a doctrine in law between the academic community and legislators when drafting the code of contract law.Even though the principle appeared in some of the drafts,but disappeared in the final version of the law of contract.In 2009,the Supreme People's Court has released the Interpretation of Certain Issues Concerning the Application of The Contract Law of The PRC(Part Two)(the "Second Interpretation of Contract Law").The fundamental concept of the doctrine appears in Article 26 of the Second Interpretation of Contract Law even though there lacks the word of clausularebus sic stantibus.Nevertheless,both legislation and judiciary do not welcome the doctrine due to its abstraction,vagueness and lacking of the clear boundary between the doctrine and the doctrine of force majeure as well as commercial risk,which may raise the abuse of such a principle and infringe the doctrine of pactasuntservanda.This thesis applies the empirical analysis to digest the application of clausula rebus sic stantibus since the Second Interpretation of Contract Law,discover the existing problems and analyze the concrete problems one by one.This thesis is divided into 6 parts.Part one reviews other scholars' opinions with respect to this doctrine and introduces the research method.The content in part two focuses on the current situation about the application of this doctrine including the legislation and judiciary aspects.Part three pays attention to the difficulty when applying the doctrine.?I will use the cases to discuss how to draw the line between clausularebus sic stantibus and force majeure,commercial risks as well as other relevant legal concepts.Part four uses the empirical analysis method to discover the main types of dispute which connects to the doctrine,such as sales,transfer of shares and construction.The last two parts concentrate on the conditions and consequences with the results from chapters above.