Study On Theright To Rescind The Contract Under Changing Circumstances

Contract must be kept" refers to the legally effective contract.The obligor should perform his obligations on time and comprehensively according to the contract,so as to maintain transaction security and market economic stability.In addition to its own benign development demand,the market economy advocates that "the contract must be kept".However,under the principle of exception,the principle of change of circumstances is the exception of "contract must be kept".In the event of material adverse change in the process of contract,the parties affected by adverse tend to actively seek to solve contract dispute,but not affected by the adverse party more reluctant to agree with each other's proposal,still cannot be ruled out in contract through consultation or modified unfair situations of the contract,our country law gives rights to request to cancel the contract by the parties.However,under the current legislation in our country,the conditions,rules and legal consequences of applying the principle of change of circumstances to terminate the contract are not clear,so it is necessary to sort out the above unclear provisions.The healthy and orderly development of the national economy cannot be separated from the protection of the legal system.The future economic development model is based on the Internet of things to promote the development of the global integration of the economy.In the wave of global integration of economic development,the impact of external uncertainties on the contract is inevitable,the application of the principle of change of circumstances to terminate the contract dispute is inevitable.This paper discusses the problems of applying the principle of change of circumstances to terminate contract disputes in judicial practice,analyzes the concept and characteristics of the right to terminate contract under the principle of change of circumstances,and analyzes the conditions,rules and legal consequences of applying the principle of change of circumstances to terminate contract.The full text consists of four parts:The first part:firstly introduces the concept and characteristics of the right to terminate the contract under the change of circumstances,and points out that the right to terminate the contract under the change of circumstances belongs to the legal right to terminate,and the nature of the legal right to terminate the contract belongs to the right to form a lawsuit.In addition,this chapter also introduces the main problems existing in the application of the principle of change of circumstances to terminate the contract under the current legislative system in China,including the dispute over the conditions of the application of the principle of change of circumstances to terminate the contract,the dilemma of the exercise rules and the unclear legal consequences.The second part:mainly discusses the exercise condition and particularity of the right to terminate the contract under the circumstance change,including the condition of applying the principle of circumstance change to terminate the contract and the difference between the right to terminate the contract and other types of contract under the circumstance change.The third part:mentioned the exercise rule that applies the principle of change of circumstances to terminate the contract,and analyzed the subject that brings a lawsuit or arbitration,the time limit for filing a lawsuit and the time limit for terminating the contract.In under changed circumstances path termination of the contract,emphatically discusses the can consultation system is the law gives the obligations of the parties,shall be the litigation or arbitration QianZhiXing program terminates the contract,the parties concerned request changes contract by way of litigation or arbitration,court or an arbitration institution shall change or terminate the:contract according to the case and the circumstances.The fourth part:about the legal consequences of the termination of the contract by applying the principle of change of circumstances,it first introduces the losses of the parties adversely affected after the termination of the contract by applying the principle of change of circumstances.Secondly,after the termination of a contract,it is necessary to distinguish between a continuing contract and a non-continuing contract to judge the retroactivity of a contract.Finally,direct losses and indirect losses shall be distinguished between the part of compensation for damages after the termination of the contract,and the direct losses shall be jointly Shared by the party not adversely affected and the party adversely affected.