The Application Of Rule About Change Of Circumstances

The Supreme People's Court published the Interpretation II on Several Issues concerning the Application of the Contract Law of the People's Republic of China in 2009 to cope with the global economic crisis.The rule of change of circumstances has been stipulated in Article 26.The essence of the situation change system is to make reasonable redistribution between the parties involved in the contract according to the principle of good faith.This paper analyzes the application of the situation change system in the domestic and foreign judicial practice,and makes several suggestions on the legislation of the rule of change of circumstances in China Laws.This paper consists of five parts:part: by reviewing the situation change system research present situation,the purpose of this research is put forward clear deficiencies of changed circumstances legal institution from the judicial practice.Draw lessons from foreign related rules,and then puts forward the reasonable legislative Suggestions.The main research methods are case study and comparative study.Part II : the emergence of the clausula rebus sic stantibus(a contract depends on the continuation of circumstances existing at the time of formation)is the breakthrough of the principle of pacta sunt servanda(the sanctity of contract principle).The main task of justice in modern times is in order to deal with the conflicts between people rather than keep the loyalty,so as to resolve interpersonal disputes as the core of justice.In Germany,Japan and the United States,the rule of change of circumstances has went through the process of being opposed firstly,regarding as an exception,and then becoming a statute,and finally breaking pacta sunt servanda.However,this rule currently only stipulates in judicial interpretation in China Laws.Part III: The third part: the elements of the rule about change circumstances.This part summarizes the elements of the rule about change circumstances from different perspectives.The first section is on the basis of the interpretation method,analysis the elements of the rule about change circumstances.The second section is on the basis of case analysis,analysis the elements of the rule about change circumstances show in judicial practice,but no show in the regulations.The third section analysis the legal consequences of the rule about change circumstances.Part IV: several suggestions of improvement of the rule of change of circumstances.The rule of change of circumstances should regard as a statute,but not a principle.Therefore,the word of this rule should be in detail and practicable.The rule of change of circumstancesshall obey the principle of autonomy.Imputability should be reflected in the statute.The definition of business risks shall be express clearly.The author's opinion of the legal mode of the rule of change of circumstances is to adopt the obligation of renegotiate and mode of secondary effect.Conclusion Part: summarize the paper,and suggest establishing the statute about change circumstances in our new Civil Law.