An Empirical Study On The Relationship Between Force Majeure And Circumstances Change From The Perspective Of The Civil Code

Since the two systems of force majeure and change of circumstances are similar in many aspects and the definition and scope of application of the two systems are not clearly distinguished in the current law,the application of the two systems in judicial practice has fallen into a certain dilemma.In order to identify and solve the problems of the application of the two systems in judicial practice,it is necessary to clarify the relationship between the application of the two.There are various doctrines in the academic field,including inclusion,causation and crossover.After analyzing and comparing different doctrines,this paper believes that there is a certain correlation between the two,but it should be clear that they are still two different systems and should be applied in practice in a differentiated manner.By analyzing the typical cases,the two rules can be divided into three cases of inability to perform the contract due to force majeure,injustice due to change of circumstances,and injustice due to force majeure.Analyzing the existing decisions,the following problems exist in the relationship between force majeure and change of circumstances: first,the courts have made mistakes in determining the circumstances in which the rules of force majeure and change of circumstances apply,which in turn has led to mistakes in the selection and application of both rules in the process of deciding cases;second,the standard of balance of interests is missing in the application of change of circumstances when force majeure causes injustice to the performance of the contract;third,there is a lack of understanding between the two rules.There are differences in the understanding between the two by the judiciary,leading to large differences in the judgments of similar cases involving the relationship between the application of the two rules in our judicial practice.In view of the above problems,the solutions proposed in this paper are as follows: First,the general distinction between the application of the two rules and the special distinction can be clearly distinguished by issuing judicial interpretations,so as to guarantee the accurate application of the two rules in judicial practice.Secondly,when force majeure causes unfairness in contract performance and the change of circumstances is applied,relevant considerations are proposed as a reference to balance the interests of both parties to the contract,and the reasoning of the court’s decision is strengthened.Finally,the timely issuance of judicial interpretation,the issuance of relevant guiding cases to guide,to ensure that the judicial practice between the courts to achieve the same judgment of the case.