The System Construction And Applicable Rules Of The Change Of Circumstances System

The change of circumstances system plays an important role in China’s contract law system,breaking through the principles of contract autonomy and strict adherence to contracts,and playing an important role in solving the difficulties of contract performance.Article 533 of the Civil Code formally establishes the system of change of circumstances in the form of legal provisions.At the same time,through case analysis,it can be found that the current application status of the system of change of circumstances in judicial practice is not satisfactory,and various defects in the dispute resolution mechanism for contract performance are also emerging.The inherent characteristics of the change of circumstances system determine that it will play an important role in dealing with disputes over contract performance.In fact,due to the lack of the change of circumstances system in China’s legal system for a long time,courts often have inconsistent recognition standards or confusion with other systems in the application of this system in judicial practice,At the same time,there are also issues such as unclear procedures applicable to the change of circumstances system and unscientific handling of contract modification or termination.In 2020,Article 533 of the Civil Code made clear provisions on the system of change of circumstances,and in this context,there has been intense discussion in the academic and practical fields on the positioning and application rules of the system of change of circumstances.This article mainly adopts empirical research method,supplemented by literature research and comparative research methods,combined with the latest theories in the academic community,to study the basic theory of the change of situation system,and analyze and interpret the change of situation system.And through the analysis of typical cases related to the application of the change of situation system in recent judicial practice,this paper presents a true and objective overview of the application of the change of situation system in practice,analyzes the situation of the application of the change of situation system,and studies the problems existing in the change of situation system in judicial practice.Through the analysis and research in the above aspects,combined with domestic theoretical research achievements and beneficial foreign experience,this article attempts to interpret and improve the rules of the change of circumstances system from the following aspects,in order to solve its application difficulties in judicial practice.One is to clarify the basic connotation of the situation change system and do a good job in the basic work of the full text research.Then,by summarizing and analyzing typical cases,we can gain a deeper understanding of the application of the change of circumstances system in judicial practice and analyze and summarize the issues involved;Secondly,by properly handling the relationsliip between the change of circumstances system in the contract performance rules and other relevant systems.focusing on clarifying the relationship between the change of circumstances system and the force majeure system,contract termination rules,and commercial risks,the system positioning of the change of circumstances system is reasonably defined,and Article 533 of the Civil Code is interpreted in a standardized manner to deeply explore its applicable rules and procedural requirements;The third point is to focus on the discussion of "renegotiation" clauses and methods for handling contract changes that are rarely discussed in the academic community,By drawing on advanced practices at home and abroad,the nature,application methods,and legal effects of"renegotiation" are determined;Summarize excellent typical case practices,form standardized procedural judicial operation standards for changing or terminating contracts,and effectively improve the legal effect of the application of the situation change system from the perspective of normative improvement.