The Responsibility Of The Contract Can Not Be Fulfilled Due To The Change Of Government Planning

In recent years,in order to meet the needs of my country’s continuous economic development and improvement,government planning changes have become a common phenomenon in the current society.The judicial circle generally classifies this kind of change in contract situation into the category of situation change.At present,since the scope of application of the change of situation has not been clearly defined.In judicial practice,there is no unified solution for the responsibility undertaking that the contract cannot be fulfilled due to changes in government planning.When a government plan changes,how to determine whether it can apply the change of situation and the reasons for the termination of the contract,as well as how to bear the loss of expected benefits caused by the failure of perform the contract are all issues worth considering.Based on the above reasons,this article starts with a case involving a contract dispute between a technology company in Sichuan,a photovoltaic power station company in Shenzhen,and a technology company in Hefei.Two controversies in this case were analyzed: 1.Whether the respondent’s behavior constituted a breach of contract;2.Whether the respondent should compensate the claimant for the loss of expected benefits.Aiming at the focus of the dispute,this article combines legal theories,legal regulations and case facts,using theoretical argumentation,comparative research and other methods to evaluate the case as follows: First of all,the change of government planning is a change of objective situation in this case,but since the respondent should have foreseeing the change of the situation of government planning change,the government planning changes involved in the case cannot apply the situation change to terminate the contract.Secondly,according to the content of the contract signed by the parties and the legal provisions,It is determined that the respondent has a breach of contract including delay performance of contract obligations and fail to fulfill contractual obligations,that is,the respondent’s behavior constitutes a breach of contract.Finally,the loss of expected benefits claimed by the claimant conforms to the contract,is established and effective.There is a breach of contract and the foreseeable loss of expected benefits,and there is a causal relationship between the breach of contract and the damage result.so the respondent should compensate the applicant for the expected loss of benefits.Based on the case analysis,from the analysis of our country’s legislation on changing circumstances,although our country’s legislation has established a situation change system and a "renegotiation system",it lacks legal support for the judicial application of the situation change system and the connotation of the "renegotiation system".It should fill the loopholes in the law through judicial interpretations or legislative interpretations.In addition,the current theoretical and practical circles do not have a unified standard for the determination of loss of expected benefits.Therefore,it is necessary to limit the loss of expected benefits by constructing rules for determining expected benefits.Finally,this article summarizes the situations in which the contract cannot be performed due to changes in government planning,and provides suggestions for handling the issue of responsibility.