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Application of the Principle for the Changed Circumstances

Author: ZhaoMing
Tutor: ChenNianBing
School: South China University of Technology
Course: Legal
Keywords: change in contract variation on contract terminate the contract commercial risk
CLC: D923.6
Type: Master's thesis
Year: 2011
Downloads: 110
Quote: 0
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Abstract

Theory of the rule of law to change the situation in Western countries have more mature studies, with the continuous development and progress of society, the principle of this theory more countries have been gradually absorbed by the legal documents, become a national contract law is an important legal system. For various reasons, China’s current contract law and does not directly regulate the system to this principle, but in 2009 the Supreme Court on the application of "Contract Law," Interpretation of Several Issues (II) on the issue of changed circumstances provisions in principle make up for gaps in legislation, partly to meet the rapidly changing socio-economic needs. However, China’s legislation on the issue of changed circumstances there is no institutional arrangement is still in judicial practice, how to determine a "situation" changed circumstances that is what constitutes significant change, and how the principle of changed circumstances apply, and so many similar problems need to be resolved.This historical comparison test using rubbing method, first major foreign countries and international commercial law legislation compared, and based on our legal status and problems, based on the learning experience outside the advanced legislation, proposed changes to further improve our situation principles of concrete ideas. The principle of changed circumstances in the specific application process summarized the principles applicable to the specific order of the principle of changed circumstances in our legislative and judicial process help.This chapter first principle of changed circumstances made the concept of an analysis and definition, which will be the object of this study was a comb, and then explained the situation to change the main theory and doctrine, as discussed below, to lay a theoretical foundation; second chapter on the origin principle of changed circumstances was investigated by the analysis of the situation to change history, help us to better understand the application of this principle; third chapter discusses the theoretical basis of the principle of changed circumstances, the principle of legislation for the changed circumstances According to justify the need. Chapter IV of the principle of changed circumstances and relevant legal rules were Discriminate. Chapter V describes the principle of changed circumstances in our legislative and judicial status quo to find better check the lack of improvement of legislation. Chapter VI analyzes the principle of changed circumstances in our country the main problems, and improvement of relevant measures are described. Chapter VII of the principle of changed circumstances last talked about the specific application, summarized in the application process should be aware of specific problems.I hope this situation changes for the principles of sound thinking, can enhance the principle of changed circumstances in the judicial practice in the operability, and better serve the principle of changed circumstances applicable to the real world needs.

Application of the Principle for the Changed Circumstances

Abstract

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