Study On The Rule Of Change Of Circumstances

In early 2020,novel COVID-19 had serious impact on production and life.The Supreme Court provided the referee’s thinking and scale for legal disputes caused by COVID-19.The academic circles also raised a heated upsurge in related issues.In this connection,the research on the related issues of situation change was brought to the hot spot of legal research;meanwhile,the newly revised civil code restated the contents of the rules of change of circumstances,and the new law of the was also a hot topic.However,the problems faced by the legal practice of change of circumstances still exist,and it still has a strong research value in the new period.In terms of legislation,the concept of change of circumstances first appeared in the economic contract law of 1981 in China’s civil law system.After the revision of the economic contract law and the contract law,it has derived several versions,which have been preserved and abolished several times.Its rule framework has been established in the interpretation of Contract Law(2)and formally introduced into China’s statute law in the civil code System.The difficulty of the application of the change of circumstances lies in its identification process.In the determination of the change of circumstances,we should firmly grasp the unpredictability and non imputability.The judgment of the unpredictability should be based on the standard of objective foresight ability,and the understanding of the non imputability should be clear that the parties can not affect the evolution process of the change of circumstances.The difficulty of the determination of change of circumstances lies in the distinction between change of circumstances and commercial risk.From an objective point of view,the two are similar in external performance,such as the price fluctuation in the sales contract,which also leads to the parties’ performance difficulties;in essence,the change of circumstances is a special commercial risk,which should not be borne by one party.For the definition of the two,we should base on the standard of foresight,consider the abnormality of intervention factors,and grasp the overall situation.As for the legal effect of the rule of change of circumstances,it is clear that the value orientation behind the rule of change of circumstances should be biased to protect the interests of the non adversely affected parties,and its legal effect is also based on this value orientation.In the civil code,the nature of the legal obligation should be adopted in the renegotiation,and the violation of this obligation should bear the non interest status of the court.In the operation of contract change,in order to limit the court’s discretion,both parties can form a contract framework through the process of re negotiation,and then narrow the scope of the court’s discretion.