On The Application Of The Principle Of Changing The Situation

The principle of change of circumstances is in conformity with the principle of good faith and fairness in the field of contract law,which is in pursuit of substantive justice of the contract.Its main function lies in the adjustment of unbalanced interests relationship in the contract as a result of changed circumstances. In 2009, the Supreme Court of the Peoples' Republic of China adopted the principle of change of circumstances in the form of judicial explanation of Contract Law.Because of the principle's complexity and abstractness and the imperfection of legislation,there are some problems in the judicial practice.This article attempts to discuss the differences between the principle of change of circumstances and the Force Majeure rule through the analysis of typical cases,to distinguish the change of circumstances from the normal commercial risk reasonably,to perfect the standard of the principle and carefully examine the key factors adopted and legal consequences from learning from foreign countries.Finally, put forward some improving suggestions aiming at the problems in the principle's application.