The Investigation And Theoretical Analysis Of The Application Of The Regime Of Changed Circustances

The regime of changed circumstances permits the parties to a contract to apply to the court for modification or rescission of their contract, when the circumstances changed in the performance of the contrat, which was unforeseeable and can't attribute to both parties, and fulfilling original contrat will result in obvious inequity to one party or make the purpose of the contrat not be realized. The regime of changed circumstances has been paid much attention in our country. In the course of the establishment of Chinese contract law, whether the regime of changed circumstances should be included in contract law arose controversy. As The second interpretation of the PRC Contract Law accepts fingerprint signature came into force on May13,2009, the regime of changed circumstances was established in China. Based on the collection and classification of cases, this article analysed the application of the regime, and focused on some theoretical problems about the application of the regime of changed circumstances.This article is divided into five parts:The first part introduces the situation of cases about changed circustances, and divides all cases into three types.The second part sums up the characteristics and existing problems of the application of the regime, and points out some theoretical problems which need further study.The third part is the hard-core of this article, it focuses on how to define "circumstances" "reason"and "change", and talks over the relation of this three concepts.The forth part is also the central part, it distinguishes the changed circustances with the commercial risk, and analyses the similarities and differences of the regime of changed circumstances and the rule of force major.The fifth part mainly discusses the relation of the regime of changed circumstances and the freedom of contract, the principle of good faith and the principle of justice.