| The change of situation system has experienced many twists and turns from the fierce discussion in academic circles to the avoidance of the legislature when formulating the contract law,to the introduction of judicial interpretation due to the frequent occurrence of similar problems in practice.As an important system in contract performance,situation change system is of great significance to reduce disputes and standardize contract performance.The system of change of situation is one of the obstacles in the Civil Code of the People’s Republic of China.As an exception to the principle of strict observance of contract,the system of change of circumstances plays an important role in contract law.Under the influence of the new crown pneumonia epidemic,many contracts are stuck in the performance obstacle,more and more people begin to attach importance to the contract relief system.It is found that there are still many problems in the judicial application of situational change system.For example,the reasons for the change of circumstances are not clear enough so that the court can not decide whether it is a matter for the change of circumstances;at the same time,there are problems in the application of the two systems because of the unclear relationship between the change of circumstances system and the force majeure rules;if,under the requirement of careful use of the change of circumstances system,in the face of the parties’ request for change or rescission of the contract,the court mostly decides to terminate the contract,which can not carry out the spirit of the change of circumstances system to encourage the transaction and balance the interests of the parties;if,after the application of the change of circumstances system,the time point of the termination of the contract is controversial,and the settlement of the contract is difficult.In order to study the application of the law of the situation change system,we should first clarify the cause of the situation change.Because the cause of the situation change and the force majeure event belong to the inclusion relationship,there is a cross between the situation change system and the force majeure rule.In the event of force majeure,when the conditions of the situation change system are satisfied,the parties to the adversely affected party may apply the situation change system to change or terminate the contract;in the aspect of liability,the contract can not be performed due to force majeure events.Further clarification was therefore needed on the application of the two regimes.Secondly,it is necessary to further explore the legal consequences of the situation change system,clarify the legal nature of the obligation to negotiate again,and at the same time,issue relevant judicial interpretations and guidance cases to clarify the time points for the termination of different types of contracts.To solve the liquidation problems of various contracts.To sum up,solving the problems existing in the judicial application of the situation change system can relieve the parties adversely affected in the process of contract performance,and fundamentally safeguard the interests of both parties to the contract.To ensure the good application of the situation change system and implement the principle of fairness. |
