Understanding And Application Of Change Of Circumstances

Change of Circumstances is an important system of civil law. After the conclusion of the contract, performance of the contract becomes excessively onerous because of a change of circumstances which could not reasonably be taken into account at the time of conclusion of the contract. At this time, a party may request the court or an arbitration institution to modify or terminate the contract.Change of Circumstances is a legal rule with the nature of case law. Even in the countries which have stipulated it in their statute, the classification of cases is also necessary to reduce the uncertainty of its application. Our country has stipulated Change of Circumstances, but the specific rules also need to be researched through the analysis of our judicial practice. So, this article will analyse the problems about Change of Circumstances based upon the judicial practice in our country.Except the introduction and conclusion, this article is divided into three chapters:Chapter I is about the judicial practice of Change of Circumstances in our country, the main purpose of this part is to classify the real cases in our country, and to identify the real problems in the application of the Change of Circumstances.Chapter II is about the interpretation of the specific provisions of Change of Circumstances in our country, and this analysis is on the basis of our judicial practice and relevant opinions in theories and comparative law.Chapter III discusses the two aspects of the application of Change of...