A Study On The Judicial Application Of The Circumstance Change System Of The "Civil Code"

The circumstance change system is a system that uses the principle of fairness as a guide to ensure the fairness of transactions between the parties,while allowing the contract to be changed or cancelled.In the early days,the system was imperfect in terms of content and system hierarchy,and there were many obstacles in its application,which made the system itself unable to exert its value.Although the discussion on the application of the circumstance change system in the theoretical and practical circles is seldom tired,and a large number of controversial cases continue to emerge to stimulate scholars to think about the system,they have never made the system realize its intended purpose.Now that the "Civil Code" is promulgated,the provisions on the circumstance change system have been adjusted and improved to a certain extent compared with the previous regulations.For the study of the judicial application of the circumstance change system,it is undoubtedly a good time.Compared with Interpretation 2 of the Contract Law,the legislation on the change of circumstances in this "Civil Code" has some substantive changes.The changes contain the legislator’s summary and summary of the application of the change of circumstances system in practice in recent years.This article focuses on empirical research methods,supplemented by comparative research and literature research methods.It aims to analyze and study the application of the system in judicial practice,integrate legislative theory with judicial reality,and contribute to the judicial application of the changed situation system.And recommendations.First,this article analyzes the theoretical basis of the changed circumstance system,taking the legislative evolution of the circumstantial change system as a reference,and puts forward the understanding of the circumstance change system in the field of comparative law on the theory of the changed circumstance system.Second,starting from the inheritance and differences between the "Civil Code"and "Contract Law" Interpretation Ⅱ,combined with empirical analysis of past judicial cases,and researching the application of the rules of situation changes in foreign countries and domestic laws and the application of the rules of situation changes in international conventions,To use the formula of "major change+obvious unfairness"to sort out the applicable conditions of the change of situation system in the context of the Civil Code,to explain the multiple meanings of the unpredictability of "major change";to clarify the "irresponsibility" As a prerequisite for the constituent elements,we analyze and reason with various situations of "non-attributable";regarding the distinction between circumstance changes and commercial risks,this article sorts out the judgment standards of different cases in practice,and gives judgments in reference to international commercial law.Standard recommendations;in addition,in the practice of typified analysis,the "formula method" is proposed as the basis for judging"obviously unfair" situations in response to the criteria for determining "obviously unfair".Third,distinguish the legal effects of the application of the system,put forward the obligation of re-negotiation in accordance with Article 533 of the Civil Code,clarify the "obligatory" and "complex" characteristics of the obligation of re-negotiation,and distinguish between different situations in practice The legal effect of fulfilling the obligation of re-negotiation on the period of exclusion and the statute of limitations;in addition,through the judgment standards for contract modification and termination,the boundary of the judicial authority’s discretion is proposed,giving judges the right to choose and apply among different legal effects;increase the number of judges Interpretation obligations.Fourth,combine the previous points of view,sort out the basis of judgment in practice,analyze the common procedures,timeliness and retrospective issues in the application process of the situation change system;and address the common problems in the application of the situation change system in the optimization of procedures and the judge’s explanation Obligations and other aspects put forward perfect suggestions and optimized methods for the application of the system.