Application Of Rule Of Change Of Circumstances Under Novel Coronavirus Pneumonia For Commercial Lease Contract

The rule of change of circumstances aims to uphold the fairness and justice of national order.The contract law promulgated the rule of change of circumstances in 2009 and it specified in the form of provisions for the first time and it is very a breakthrough in the relativity of the contract.Article 533 of the Civil Code codifies the rule of change of circumstances in the form of the system.At the same time,he adds the obligation of the parties to re-negotiate before the court intervenes in the legal effect,which reflects the excellent legislative achievements of our country’s legislation in line with international progressive legislation.The state has applied plenty administrative measures to avoid the spread of the novel coronavirus pneumonia effectively for outbreak pandemic which is sudden in early 2020,including emergency closure of hotels,shopping centers and wholesale markets for agricultural products.All of administrative control measure specified above caused economic significance across country,especially in commercial leasing contract disputes.Hence,it is a great point to clarify the application of the Rule of Change of Circumstances under the pneumonia pandemic.A significant further study of the application of rule of change of circumstances under the impact of novel coronavirus pneumonia has been made,researching literature support,analyzing corresponding case and integrating the practice and theory.Firstly,it gives description on the general rule of change of circumstances and clarifies whether the intervention of administrative behavior would be allowed to apply the rule of change of circumstances.Secondly,it spelled it out that inappropriate operation of the lessee would be allowed to apply the rule of change of circumstances.This article attached a great importance in specifying the legal consequences in the short-term trade lease contract and points out that it is necessary to clarify the standard of identification of the "objective situation",guide the lessee and the lessor,correctly carry out the pre-negotiation procedure and change the contract content appropriately.This paper makes application proposals for the use of rule of change of circumstances in the contract for the commercial lease under the novel coronavirus pneumonia.