The Analysis Of The Change Of Circumstances Typed

According to the theories and laws, condition change is defined as "Something which is impossible for parties to predicate and to confirm liability, occurs after the contract is signed but before its execution, and it changes the foundation or condition on which the contract is based". If the original contract is implemented as planned, equality and fairness prevail, and the parties are allowed to change or terminate the contract. Condition change has, from the first proposal to being accepted, seen twists and turns. It has now been introduced and implemented in many countries with different naming.The term is not contained in China’s Contract Law, but there do exist some sentences in law enforcement, which are made according to condition change. However, condition change is interpreted in the second relevant judicial interpretations of the Contract Law by the Supreme People’s Court of the People’s Republic of China in2010, with the aim of remedying loopholes both in law-making and enforcement and seeking justice. The interpretations provide legal support for the implementation of condition change. The paper intends to analyze the specific implementation of condition change by categorizing the existing legal cases related to condition change in China.It is practically impossible to make a full and complete category of the cases due to the fact that the society is complicated and changeful. Thus, the paper by analyzing the existing cases, attempts to find out the major types of condition change, to illustrate the theoretical base for condition change, the legislative process of condition change and the application of condition change in judicial practice, to differ condition change from business risks and irresistible forces, and to categorize the cases according to the type based on those cases.