Study On The Renegotiation System Of The Principle Of Change Of Circumstances

The Civil Code of the People’s Republic of China establishes the principle of change of circumstances in the form of legal provisions,and further adds a renegotiation system based on the principle of change of circumstances.The essence of the renegotiation system is to provide both parties to the contract with an opportunity for sincere negotiation and communication after a change of situation occurs.The purpose of the renegotiation system is to resolve the situation through independent and friendly negotiation between both parties,Problems arising during the performance of the contract."The Civil Code only provides relatively vague provisions on the renegotiation system.For the application of the renegotiation system,it is necessary to further study the nature,performance requirements,existing problems,and how to improve the renegotiation system.".The concept,nature,and performance requirements of the renegotiation system is closely related to the principle of change of circumstances.Therefore,this article needs to conduct a systematic analysis and research based on typical cases triggered by the principle of change of circumstances in judicial practice.This article mainly studies the renegotiation system from the following five aspects.The first part is an introduction,which mainly analyzes and studies the background and significance,research status at home and abroad,and research methods.It comprehensively combs the relevant theories of the renegotiation system,and continuously absorbs and optimizes existing research results.The second part is the case description and problem perspective.Through searching the Chinese Judicial Documents website and the Peking University Magic Treasure website,two typical cases are selected for analysis,summarizing the controversial focus of such cases in judicial practice,as well as the opinions and understandings of courts in adjudicating such cases,and pointing out relevant issues.The third part is a study of the relevant theories of the renegotiation system,mainly studying the concept and development of the renegotiation system.It is clear that the theoretical basis of the renegotiation system is the relational contract theory,the principle of honesty and trustworthiness,the theory of negotiation law,as well as the principle of autonomy of private law and efficiency.It also further explores the applicable elements of the renegotiation system,and then analyzes the fact that after the situation changes,The necessity and possibility of renegotiation.The fourth part is a study of the problems that arise in the practice of the renegotiation system,mainly introducing the unclear definition of the legal nature of the renegotiation system,the existence of disputes over the nature of obligations from different perspectives and levels,whether it is a substantive obligation or a procedural obligation,whether it is an untrue obligation,and other issues.Especially in judicial practice,the renegotiation system is applied as a mandatory prerequisite,As a result,the situation change system is violated,and the advantages of the renegotiation system cannot be better utilized.The fifth part is to propose countermeasures and suggestions for the problems existing in the renegotiation system,study the construction of the renegotiation system from a rights perspective,further standardize the exercise of the renegotiation right,and clarify the legal nature of the renegotiation obligation corresponding to the renegotiation right.The renegotiation obligation is a substantive obligation,a behavioral obligation,and a collateral obligation,laying a theoretical foundation for the establishment of compensation for damages,Further research has also been conducted on the necessity and nature of compensation for damages,improving the plight of the lack of relief for violations of the renegotiation system.