Re-negotiation Obligations Under The Changed Circumstance System

China has officially implemented the Civil Code,and the circumstance change system is an important part of it,at the same time added the obligation of re-negotiation in the circumstance change system.The essence of the re-negotiation obligation is to create a communication and negotiation mechanism for the parties to the contract after the circumstance change occurs.In this way,the parties can alleviate the risk that cause from the of interest not balance.The "Civil Code" of China just provides a general rule for the re-negotiation system.When applying the re-negotiation system,the attribute,constituent elements,content and legal effects of the re-negotiation obligation must be further designed with explanatory rules.The characteristic,content,applicable conditions and legal effect of the re-negotiation obligation are closely related to the legal effect of the circumstance change system.Therefore,it is indispensable to use the knowledge from the civil law hermeneutics to clarify it.The article is divided into four parts apart from the introduction and conclusion.The first part will discuss the theoretical foundation of the re-negotiation obligations.The article discuss the foundation from four aspects,for instance,the relational contract theory and the principle of good faith,the efficiency value and autonomy of private law.The second part is the determination of the characteristic of re-negotiation.The re-negotiation obligation aim to promote the two parties to reach a new consensus to resolve the contradictions in the contract.The parties can use re-negotiation to minimize the impact of circumstance change on the contract relationship and the disinterests brought to the parties.The article prefer to definite the obligation of re-negotiation obligation as a conduct to a result.In addition,the re-negotiation obligation should be both a substantive obligation and a procedural obligation.The third part is the applicable rules of the re-negotiation obligation.There are three applicable requirements for the obligation of re-negotiation: The first one is that the requirement of the contract has changed,especially the basic condition.The second one is that the continuing to perform the contract is evidently unjust to one party.Third,it’s possible and necessary to renegotiate.The re-negotiation obligation is the first legal effect of the change of circumstances.According to the sequence of application,the effect of judicial alteration or termination of the contract occurs only after unsuccessful re-negotiation,and the relationship between the re-negotiation obligation and the contract’s judicial termination or alteration is not separate,and they are complemented each other.The fourth part is the legal effect of the re-negotiation obligation.In the beginning,the legal effect of initiating re-negotiations.The parties reached a new consensus through re-negotiations,or re-negotiations between the parties failed within a legitimate period of time,the parties ask for judicial relief from the court.When make a decision about the limit about the re-negotiation,it can refer to the unauthorized agency,and the reasonable time limit is determined by the party’s“request”.Furthermore,the legal consequences of violating the re-negotiation obligation.Since the obligation of re-negotiation is not a genuine obligation,when the parties the parties go against the re-negotiation obligation,the court should restrict their right that asking to change or terminate the contract when they.In addition,if a party violates the re-negotiation obligation and causes damage to the other party in the process of re-negotiation,the provisions on injuring performance can be applied,and request the party who violated the re-negotiation obligation to bear the responsibility for damages.