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The Application of the System of Changed Circumstances in Construction Contract

Author: WuLinTao
Tutor: XuMingYue
School: Chongqing University
Course: Civil and Commercial Law
Keywords: Change of circumstances Construction contracts Applicable path
CLC: D923.6
Type: Master's thesis
Year: 2011
Downloads: 144
Quote: 2
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Abstract


Change of circumstances as an important principle of contract law system in China, from the 1980s, \May 13, 2009, in the constant voice of legal circles, the financial tsunami, Wenchuan earthquake spawned huge social event, the Supreme People's Court promulgated the \(b), the form of a judicial interpretation of the situation to change the system in the judicial practice is recognized. The long duration of the construction contract as the relationship between the national economy and an important contract with the subject of a huge amount, involving a broad range of industries such as changed circumstances in the correct application of which is particularly critical. How to in applicable situation change system, equitable rights and obligations between the parties to the contract, how the judge's discretion to limit within a reasonable range, the hot issues have been discussed in the academic sector. In this article, I try the knowledge and methods to analyze the existing problems of the regime change of circumstances, to explore its concrete application in the construction contract law. In addition to the introduction and conclusion, this total is divided into four parts: the first part briefly describes the legal concept of the system of changed circumstances, the legislative status quo and theoretical basis. Then, the system is irreplaceable in the system of contract law, from the changed circumstances and long construction period, combined with the construction contract, covers a wide range, the subject of a huge amount of features, analyzes the necessity of the situation change the regime applicable to the construction contract . The second part of the comparison of different systems of doctrine of changed circumstances, combined with our situation to change the system is applicable to the specific circumstances specific applicable criteria and considerations in the construction contract. Part III Reference to the general rules of the theory representations obligations, combined with the change of circumstances applicable to the specific situation of the system in the construction contract, changed circumstances apply if the parties to the contract for the construction through a full consultation and unable to obtain the balance of rights and obligations , as well as the situation changes to the system prior to the administration of justice can view an attempt to introduce mediation pre-procedure. The fourth part of the combination of the construction industry in China with its own characteristics, and some special provisions of the construction contract, proposed specific measures to improve the protection of legitimate rights and interests of the parties to the contract for construction of the recommendations aimed at preventing the abuse situation change the system.

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CLC: > Political, legal > Legal > Chinese law > China and France > Contract Law
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