Research On The Application Of The Changed Circumstances Principle In The Civil Code

Maintaining fair trade has always been one of the value pursuits of civil law.Recently,with the steady growth of economy,there are more and more factors affecting the stability of market transactions.Meanwhile,the traditional "contract must be strictly observed" can no longer meet the complex social and economic environment.But the implementation of our country’s Civil Code provides a powerful protection to the astounding growth of socialist market economy.On the one hand,the Civil Code has put in practice,which the article 533 has restimulated the principle of changed circumstances.The emergence of this principle is just a moderate correction of "contract must be strictly observed" and it has been applied more and more in practice.However,the definition of relevant concepts involved in this article is not clear,which causes many difficulties.This thesis studies the applied research of the principle of changed circumstances in our country’s Civil Code,which mainly through the following these aspects.Primarily,it introduces the background,purpose and significance of the research,which,to certain extent,serves to outline the research content.Then the theoretical interpretation of the principle of changed circumstances is elaborated,which is mainly to center on the historical origin and concept.And the principle of changed circumstances is distinguished from these confusing concepts which are force majeure,commercial risk and apparent unfairness.Moreover,the legislation condition and the application after the effectuation of our country’s Civil Code is summed up.Related to the specific provisions and the court decisions,the typical cases are construed.Then the extant problems are summed up.Because of these,the obvious questions in the application of this principle are explored,including the unclear application conditions of it,imperfect legal provisions of renegotiation and excessive discretion power.Moreover,the legislation status of the principle of changed circumstances in foreign legislation situation is summarized,and the relevant experience which deserves to learn is found.Finally,corresponding suggestions are put forward for these pointed specific problems which were summarized before.The capital research methods adopted in this thesis can be concluded as literature analysis,case study approach and method of comparative analysis.It should be noted that the excellent research theory and achievements of many experts have been mirrored in this thesis.Numerous recent cases which associated with the principle of changed circumstances are summed up and the legislation of common law and civil law countries is considered.Ultimately,corresponding methods to ameliorate these matters are proposed in the application of this principle.I hope that it will produce a constructive effect in applying the principle of changed circumstances in the future.