Research On The Principle Of Change Of Circumstances

As the exception of the principle of pacta sunt servanda, the principle of change of circumstances is an important principle of contract law, which is provided in both national and international legislation.The principle of change of circumstances in our country has been great controversy, the legislature and the judiciary have also shown a different attitude to this.Until the promulgation of contract explanation (2), it finally can be established in our country.This article reviews the history and evolution of the principle in the civil law system and the common law system by using the method of comparative investigation, then analyzes the difference of the principle and related concepts, its constitution documents and legal validity.Finally, on the basis of recalling the establishment process of the principle of change of circumstances and analyzing contract explation (2) Article 26,the writer puts forward the suggestions on the legislative improvement of judicial application of the principle in our country. This article mainly includes four parts:In the first part, the author try to explain the principle of change of circumstances in the continental law system legislation,theoretical Basis and the history and theoretical Basis in the common law contracts. On that basis, makes acomparison with the doctrine of frustration and the principle of change of circumstances.The secend part mainly comparatively analysis the distinction between the principle of change of circumstances and the related concept. For example, the force majeure, commercial risk discrimination compared to its On-line beneficial to apply properly the principle of change of circumstances.The third part,analysis constituent elements and legal effects of the principle of change of circumstances. It include "Must have the objective conditions of change." five constituents,its legal effects contians Change the contract and cancel the contract. The fourth part:firstly, it reviewes the process of establishing the principle of change of circumstances.in china.:then, analysisi the contract explation (2) Article 26. finally, summarizes the whole article, based on the earier paper and analysis, puts forward the suggestions on the legislative improvement on judicial application of the principle of change of circumstances in our country.