Research On The Judicial Application Of Situation Change

The doctrine of change of circumstances,which allows for statutory modification or termination of contracts,has been incorporated into Article 533 of the Civil Code of the People’s Republic of China.However,due to the lack of specific provisions in the law,there is a lack of clear standards for judicial application and difficulty in resolving complex practical issues.Through statistical analysis of cases involving the doctrine of change of circumstances,this article identifies three main problems in judicial application:unclear initiators of the system,subjective judgment of foreseeability,difficulty in quantifying obvious unfairness,and unclear handling of renegotiation and loss sharing after termination.Therefore,through legal analysis and comparison with foreign laws,this article proposes solutions to these problems,including clarifying that only parties can initiate the doctrine of change of circumstances,confirming foreseeability from both subjective and objective perspectives,adopting a quantitative approach to determining obvious unfairness,establishing a negotiation process that combines renegotiation with subsequent litigation,and regulating the distribution of responsibilities based on fairness principles.By improving the theoretical guidance of the doctrine of change of circumstances and helping to better serve the interests and transaction security of parties,these solutions aim to promote judicial practice.