On The Application Of Change Of Circumstances ——From The Perspective Of Three Cases

In recent years,China’s rapid economic development,but also produced a large number of civil and commercial contracts.However,the international economic situation is very unstable,and the national economic development policy is constantly adjusted in the transition period,which will affect the economic behavior.In particular,in the past two years,the COVID-19 pandemic has caused serious harm to economic development,the situation that the contract cannot continue to be performed due to changes in the situation is increasing day by day.In the Civil Law,Article 533 has absorbed the relevant contents of the Judicial Interpretation of the Contract Law,and then combined with judicial practice,for the first time stipulates the change of situation in the form of legislation.Change of circumstances means that after the establishment of the contract,circumstance change refers to the unforeseeable change of the basis of the contract,which is not a significant change of business risk,but is obviously unfair to the party who continues to perform the contract.In this case,the adversely affected party may change the contract content or terminate the contract through negotiation;If the parties cannot agree on the modification or termination of the contract within a reasonable time,the court may be requested to intervene.The court should make the corresponding judgment according to the situation of the case and based on the principle of fairness in the contract law.This paper uses the normative analysis research method and the case analysis research method to explore the principle of situation change,selects three precedents on situation change,analyzes and summarizes the typical problems of the application of situation change in the cases,and draws corresponding conclusions through analysis and research.This paper is divided into four parts,the contents are as follows:The first part: Introduction,which mainly introduces the research status and significance of our country’s situation change system,as well as the research method.The second part: case analysis,the article expounds three typical cases of changing circumstances,and then summarizes the legal issues reflected in the cases.The problems summarized are the identification and application conditions of the situation change;the difference between the situation change and commercial risk;application procedure for contract modification under circumstance change.The third part: Jurisprudence analysis,the first mainly introduces the overview of the situation change,and the legislative process of the relevant norms;the second part analyzes the specific identification and application conditions of the situation change,focusing on the obvious changes in the situation change.The identification of unfairness,the difference between situation change and commercial risk and force majeure;thirdly,starting from the application procedure of situation change,summarizes the subjective and objective conditions and exercise procedures of the application procedure of situation change.Part FOUR: According to the problems reflected in the case,improve the solution suggestions,according to the legal analysis and conclusions,summarize the specific suggestions.First,clarify the relevant concepts and scope of application of situational changes.Second,the nature,subject and duration of the obligation to re-negotiate should be clarified.Finally,improve and simplify the specific application procedures of the change of circumstances.