Research On The System Of Renegotiation In The Principle Of Change Of Circumstances

This time,Article 533 of the Civil Code of our country codifies the principle of change of circumstances,and at the same time adds the process of renegotiation between the parties before the parties request the court to intervene,which is the renegotiation theory that has been discussed for a long time by the academic circles,it is a significant change in legislation to stipulate explicitly the renegotiation concerned by scholars in the form of legal provisions.It is also necessary to introduce the system of renegotiation in the practice of Chinese contract law.But in the concrete system construction aspect,still has the insufficient space,needs further consummates.Firstly,this paper studies the development of renegotiation from the origin,defines the definition of renegotiation,and then proves the foundation of renegotiation in theory and practice By comparing the legal practice of the foreign renegotiation system,we can learn the contents which are helpful to our renegotiation practice,finally,there is no clear provision for the legal consequences of the violation of the renegotiation system and no clear provision in the content of the parties’ request for renegotiation.Based on the combination of theory and practice,starting from the conditions of the contract,this paper explores the essence of the renegotiation system,and examines the general situation of the legislative practice of the renegotiation system in the International Commercial Field,Europe,Germany and Japan from an empirical perspective,through the study of the practice of foreign renegotiation process,draw on the worthy of our outstanding achievements to improve the field of China’s contract law.Through the overall research and summary,combined with the specific situation of judicial practice in our country,this paper puts forward constructive suggestions to improve the renegotiation system of the principle of civil law change,the party’s autonomy of will and the effective settlement of contract disputes are guaranteed.