| Since the second world war,economic globalization has become one of the most important features of world development and the trend of world economic development.Under the promotion of economic globalization,the unification of laws has become the feature and trend of the legal development of all countries.In order to harmonize national laws and regulations,various uniform international treaties or international legal documents are formulated.In 1994,the international institute for the unification of private law compiled Principles of International Commercial Contracts(hereinafter referred to as PICC).Under the background of drawing on theories such as the principle of change of circumstances and the failure of contracts,Article 6.2.2 of PICC first laid down the new concept of hardship.PICC specifes the concept,constitutive requirements and legal effect of hardship,which have been used for reference by domestic legislation in many countries.Whether Article 79 of the United Nations convention on contracts for the international sale of goods contains hardship has also become a hot issue in the field of international economic law.On the basis of PICC,we focus on what a hardship is,what are the differences between a hardship and change of circumstances,force majeure,commercial risk,and how courts apply hardship in practice.Chapter Ⅰ is the introduction,which introduces the background and significance of the topic,the research status at home and abroad and the main research content of the paper.Chapter Ⅱ is an overview,introducing the concept of hardship,detailing the provisions of current international legal documents on hardship,and the application of hardship to courts and arbitral tribunals.Chapter III compares change of circumstances with hardship.Chapter Ⅳ compares hardship with force majeure.Chapter V compares hardship with business risks.In order to be able to accurately grasp the meaning of hardship,we distinguish similar concepts.Chapter VI discusses how courts apply hardship. |
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