Analysis On Re-intercession System In Change Of Situations

On 28 May 2020,at the third session of the Thirteenth National People’s Congress,the Civil Code of the People’s Republic of China was considered and adopted.Article 533 of the Civil Code contains specific provisions on the change of circumstances occurring in the course of the performance of the contract,as well as additional provisions on the system of re-negotiation,which is the first time that a change of situation has been incorporated into the law.In order to resolve the resulting unfairness,it is stipulated that the adversely affected party may renegotiate with the other party in order to enable the contract to continue to be performed and reduce the adverse effects on the parties,which is the system of renegotiation in the course of the change of circumstances.This system is a relatively new system in our country,which is constantly exploring and improving,and there are great disputes about the legal nature,legal consequences and legal status of renegotiation.As an important relief measure after the change of situation,the system of renegotiation is mostly regarded as a legal obligation,but it is different from the usual legal obligation,and it does not produce the consequences of damages,which is mostly regarded as a non-real obligation.However,in fact,there are different voices in the theoretical circle.The author thinks that renegotiation is not a legal obligation,but a relief right after the infringement of the rights of the parties to the contract,which belongs to a derivative right.This paper intends to position and discuss the re-negotiation system from the attribute of rights,and the author intends to study the re-negotiation system in a comparative way from the legitimacy basis,characterization,system design problems and improvement measures of the system,in order to make a modest contribution to the legislative and judicial practice of the re-negotiation system in China.The first part,from the theoretical and practical basis of the re-negotiation system to discuss the rationality of China’s Civil Code re-negotiation system,for the re-negotiation system to seek the legitimacy of the legislative basis.In the second part,the author intends to demonstrate the legal nature of the renegotiation system from the aspect of the attribute of rights and obligations,and lay a foundation for the problems existing in the design of the renegotiation system in the Civil Code of our country and how to perfect the renegotiation system.In the third part,from the perspective of comparative law,the author intends to study the origin of the legislation of China’s Civil Code based on the Principles of International Commercial Contracts,the Principles of European Contract Law,the Basic Principles for the Correction of Japanese Creditor’s Law and and the French Reformation Decree on the General Rules and Proof of Contract Law and Law of Debts.The fourth part is to demonstrate the problems existing in the design of renegotiation system in the Civil Code.In the fifth part,the author intends to perfect the re-negotiation system in China’s Civil Code from the angle of explanation and try to provide some reference for the development and perfection of the re-negotiation system.