Change Of Circumstances

" Some will observe " principle is an ancient civil law basiprinciple.Combination of civil law.For established debt.The debtor must be comprehensive,correct to perform the debt obligations.The creditor's rights be fully realized.Some will observe " principle emphasizes on the binding contract.Nature is built on their compliance with the contract basis taking into account transaction security and trust protectioncan be said that " some will observe " principle is to safeguard the healthy development of market economy.Some will observe is not absolute,changed circumstances rule is some will observe the exception.After the contract established,as a contract which set up the objective basis of significant change and is not attributable to any one party causes,Causes the contract to continue to perform.To make the contract original frustration of purpose.Out of the consideration of fairness and justice,for the parties to balance the interests of the parties,should be allowed to modify or rescind the contract.Since twentieth Century Change of circumstances " rules have become continental law system is an important legal system Change of circumstances ".Refers to the establishment of an effective contract after,If there is a reason not attributable to the objective Change will directly affect the performance of the contract when the results.If still require the parties concerned according to the original contract to perform the contract.Give a party for causing display unfair results.At this time,law allows the parties to contract and exemption from liability for breach" Change of circumstances " is to balance the rights and obligations of the parties to the contract.The pursuit of substantive justice,safeguard commodity exchange.Before the theory circle of our country on the " change of circumstances " to save the waste has been disputed,But with the development of economy,the complexity and unpredictability of enhancement,and an earthquake,mortgage policy introduced and the outbreak of the global financial crisis.Events on the performance of the contract had a great impact,a lot of contract performance suffered a hindrance,disputes have emerged.We need to adjust the situation change rule.China in the summary of theoretical research and judicial practice experience,in the Launched in 2009," explanation of Contract Law(two)".The judicial interpretation promulgated formally established the " change of circumstances " rules.But the situation change rules in the contract the specific application of the problem is not a clear and uniform standards for practice,which brought a lot of confusion.Based on the " change of circumstances " in practice application summed up many problems,the author hopes to " change of circumstances " rules make a thorough study and the application in contract to do a research problem.And hope for the " change of circumstances " to apply to the contract and put forward feasible suggestions to perfect the field.Through empirical analysis,normative analysis,comparative analysis,legal analysis to discuss the rule of change of circumstances.Designed for " change of circumstances " rules in the contract for a comprehensive,in-depth study.To change the situation is a "double-edged sword ".On one hand,changed circumstances rule can adjust the economic relationship,sharing the social risk,the imbalance between the interests of balance,the realization of substantive justice.On the other hand,variation rules apply least likely to abuse of discretionary power of judges,resulting in the pursuit of " fairness " to lose.But no matter what situation change rules of the development of market economy also has a practical significance.Current,our country is in economic shunt process,the reform has entered phase of assault fortified positions,effects of transaction stability and security,resulting in unfair trade factors more and more.Such as law,amendment repealed,make a contract in a legitimate,in performing but unexpected illegal contract does not be caused performance or the performance does not actually.These changes are the parties in the contract when there's no telling.Now we cannot absolutely emphasized voluntary contract contract cannot change or cancel,Otherwise the situation will change for the parties to the contract and the impact of shocks will weaken the actual strength and position,to increase their concerns and worry about the future,or wrap back.Change of circumstances to adapt to rapidly changing rules of real life.The thesis is divided into five chapters:The first chapter is introduction.Firstly,under the circumstance change research purpose and research significanc.Then the research status at home and abroad,the research methods and innovative points of this paper,the structure ofThe second chapter is " the general problem of rebus sic stantibus " rules.Clarifying the connotation of " rebus sic stantibus ",difference and related legal concepts,historical evolution and theoretical basis.The aim is for the overall situation change a picture.The third chapter studies the applicable rules of change of circumstances in the contract.Including " applicable conditions changed circumstances " rule in the contract and the applicable consequences.In order to apply changes to the situation from the visual angle of an idea.The fourth chapter is the innovation point of application rules change situation in practice.The contract for the sale of commercial housing,the travel contract,labor contract,a contract for construction project for the application of changed circumstances in the specific in the contract,in order to more vivid understanding situation change rule.The fifth chapter discusses the deficiency and improvement of existing circumstances change rule.The first analysis of China's " changed circumstances " rule in legislation,judicature and the lack of.Secondly,put forward some suggestions to improve the.