The Case Categorization Of Principle Of Change Of Circumstances

Because principle of change of circumstances' connotation is abstract,it is difficult to provide the referee's logical reasoning for clear and specific interpretation of the premise in legislation.Therefore,it must be beneficial to summarize the general principles,scope,etc.of practice operation in the way of categorization.In reference to the example of national legislation,this paper attempts to make the principle of change of circumstances specific,typed by case study analysis,which offers guidance for China's judicial practice to correctly handle certain situations change issues.This paper analyzes different countries'?regions'? relevant legislations and cases involved in the situation changes(including all the circumstances change resulting from the impossibility,hardship or meaningless of contract performing).Based on “contract frustration system” in the common law and “St?rung der Gesch?ftsgrundlage” in the Germany Law,the analysis summarizes and analyzes the rules of change of circumstances in the combination with other legislations(such as Japan,Taiwan,the Uniform law on International Commercial etc.).Through the above analysis,we can see that in our legal system,the principle only applies in the case that performance costs rise sharply,one party' value of contract performing greatly reduced,or the purpose has frustrated.The second part collects 50 cases involving the principle of change of circumstances.From the cases,we can find that the contract types and subject based on the principle of changed circumstances are diverse.Besides,the applicable standards of principle of change of circumstances are not clear.Certainly,the characteristics of this principle make it difficult to own clearly applicable standards(mostly countries only provide Principled regulations for the principle).However,this principle must be “ruled” in order to be better used.The better way of principle's “rule” is typing the cases.The third part is the case categorization of principle of change of circumstances.The standard of categorization refers to China's regulations and relevant cases.Based on various kinds of “circumstances”,the case categorization has two standards: one is that “it is obviously unfair for one of the parties to continue performing the contract”;the other is that “continuing performing the contract cannot achieve the purpose of the contract”.We hope the categorization can help people better understand the principle of change of circumstances.