On Changed Circumstance Principle

Changed circumstance principle is developed from good faith principle, its purpose is to maintain the social justice and the order of the economic flowing, which is the materialization of the good faith interest balance theory in the contract performing phase. Its essential consists in carrying out the good faith principle, eliminate the interest unbalance induced by the circumstance in the contract performing. So the changed circumstance principle has become the important principle in numerous countries of world when dealing with the problem of the circumstance change. Our country' contract law has been amended several times, which deleted the changed circumstance principle at last. But the changed circumstance principle still can be applied to some places and has its necessity, because the situation changing is the implicit risk of the market economy. After entering the WTO, our enterprises will meet various risks in the intensive competition from international market, and the circumstance changing is unavoidable. Therefore, comprehending the principle correctly and using it in the judicial practicalities will not only effectively protect the legal interest of our enterprises, but also promote the development of our country's legislation. So this thesis will particularly introduce regulation about the changed circumstance principle of the Roman Law Legal System, especially the Germanic and Japonic civil law, and discuss the necessity of the changed circumstance principle from the result of the circumstance changing and other facets. The author hope to offer seine good reference material for legislature and legal researchers of our country.