A Study On The Legal Effect Of The Application Of The Circumstances Change System In The "Civil Code"

The Civil Code has added provisions on the system of changing circumstances,and added renegotiation procedures to the legal effect,forming a legal effect model of renegotiation + contract change + contract termination.In terms of legal structure,renegotiation should be applied in advance,but its nature and specific applicable rules are still controversial in theory and practice.The application way of contract modification and loss sharing after contract termination are still very confusing in judicial practice.In order to accurately grasp the legal effect of the application of the system of change of circumstances,the author through reading literature and judicial judgment materials,according to this paper,the legal effect of the system of change of circumstances is set as follows: renegotiation is the mandatory pre-procedure and not true obligation of the application of change of circumstances,contract change is the effect of principle,contract termination is the effect of exception.The paper studies the selection of legal remedies and the specific application of three kinds of legal effects in judicial practice,and provides an operational scheme to solve the obstacles to contract performance caused by the COVID-19 pandemic or "double reduction" situation change.In addition to the introduction and conclusion,there are four chapters in this paper.The first chapter summarizes the theoretical basis of the system of change of circumstances,introduces the definition,nature,constitutive elements and the relationship with related concepts of the system of change of circumstances,which lays a theoretical foundation for the analysis of the legal effect of the following text.The second chapter analyzes and interprets 152 research cases to grasp the distribution and trial of contract disputes of change of circumstances.The third chapter summarizes the disputes and problems in the judicial application of the legal effect of the change of circumstances system through analysis,analyzes the application of the renegotiation of the legal effect of the change of circumstances,defines the legal nature of the renegotiation as not true obligation,and clarifies the relationship between the renegotiation and the suspension of performance.At the same time,it analyzes the application of contract modification,summarizes the order of the application of contract modification and termination,as well as the form and consideration factors of the application of contract modification,and then discusses the limitation of contract modification and judicial discretion.After concluding the determination of the applicable termination time point of the contract under different circumstances,the validity of the contract and liability bearing after the termination of the contract are clarified.In the fourth chapter,aiming at the confusion of the application of the legal effects of the system of change of circumstances in judicial practice,after analyzing and studying,the author puts forward a summary and perfect scheme of the preferential use of the renegotiation obligation,reasonable limitation of the right to change the contract and equitable sharing of the loss after the termination of the contract,so as to make some gains to the proper settlement of the problems of such contract obstacles.