Study Of The Renegotiation Clause In The Rule Of Change Of Circumstances

However,the nature,content,application procedures and effects of this provision cannot be clarified only from the legislative expression.As a kind of alternative dispute resolution,"renegotiation" creates space for the parties to negotiate freely,which has reflected important values in promoting efficiency,implementing private law autonomy,improving information bias and responding to realistic needs.Domestic scholars often compare "re-negotiation" with "obligation to re-negotiate" in extraterritorial law,however,the existing "obligation to pay","no real obligation" and "no real obligation" have been used.However,the existing "obligation to pay","no real obligation" and "obligation attached" are unreasonable,and the "right to form" is not compatible with the civil law system.It is also against the autonomy of meaning to identify "renegotiation" as a mandatory pre-procedural norm.In order to get rid of the shackles of the choice of rights and obligations,and to give the parties to the contract the freedom to decide to negotiate again or to litigate directly,it is more appropriate to define "renegotiation" as an advocacy norm.In terms of normative positioning,it is clear that "renegotiation" is not a substantive legal effect,but only a specific procedural content of the parties to apply the rules of change of circumstances;in terms of function,the specific circumstances of "renegotiation" should be considered comprehensively,and the sharing of losses and benefits in the If the dispute enters into judicial proceedings,the legal effect of applying the rule of change of circumstances should not be limited in the order of contract modification or dissolution,and should respect the autonomy of the parties to the contract,change the traditional theory of "modification before dissolution",and give the parties The parties should respect the autonomy of the parties to the contract,change the traditional theory of "change before release",and give the parties the freedom to choose the legal effect of the rule of modification.