On Negotiation Obligations

The obligation to negotiate again is the product of the restriction of the rights of the parties under the guidance of the ethical concepts of “substantial justice” and the “ethical principles”.Re-negotiation obligation refers to the fact that in the event of a change in circumstances,the parties should adjust the contract by way of agreement to adapt to changes in the situation,and to achieve this purpose,there is an obligation to negotiate jointly.As far as the nature of the law is concerned,the obligation to negotiate again is an obligation of conduct,a substantive obligation,an obligation of both parties and an accompanying obligation.The content of the obligation to negotiate again constitutes: the obligation to facilitate further negotiations;the obligation to advance the specific procedures for the formation of negotiations;and the obligation to act in accordance with the principles of good faith.At present,there are affirmative and negative opinions on the obligation to negotiate again.This article agrees with the affirmative view that the idea of negating the obligation to negotiate again does not refute the objective factual nature of re-negotiation as a legal obligation.Moreover,the obligation to negotiate again has a profound legal basis,such as relationship contract theory,the principle of good faith,and procedural guarantee theory.In addition,considering the substantive rationality of legal obligations and the rationality of their forms,the obligation to negotiate has already met the reasonableness criteria of legal obligations.Therefore,the obligation to negotiate to meet the conditions as a legal obligation is a legal obligation.Negotiating the obligation to perform will result in the legal effect of suspending the performance of the contract.Violation of the obligation to negotiate again will result in a change in the contract or the removal of the limitation or loss of authority,and if the damage is caused,it shall be liable for damages.When the circumstances change,the parties' performance of the obligation to re-negotiate has the positive significance of improving the efficiency of dispute resolution,safeguarding the autonomy of private law,and effective realization of mutual benefit and justice.Therefore,they should be willing to recognize the existence value of the obligation in the principle of change of circumstances.In the legislative process of our country's “Contract Law”,we have involved the obligation to re-negotiate,but in the end it has not been stipulated.There is no regrets.Regardless of the level of a specific legal norm,or the level of self-legislative spirit and value concept,it is the commitment of the obligation to negotiate again in the principle of change of circumstances to provide support.Therefore,the existence of re-negotiation obligation in the principle of acknowledging the change of circumstances is reasonable.In view of this,China will stipulate obligations for re-negotiation when it stipulates the principle of change of circumstances in the future compilation of civil code contracts.