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Principles of change of circumstances

Author: ZhouMaoQing
Tutor: GuoJunXiu
School: Xiamen University
Course: Civil and Commercial Law
Keywords: Change of Circumstance Contract Law Force majeure Honesty Commercial risk
CLC: D923.6
Type: Master's thesis
Year: 2001
Downloads: 366
Quote: 1
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Abstract


March 15, 1999 promulgated the \In this paper, the concept of the principle of change of circumstances start to recover its roots , explains the principle of change of circumstances produce , develop and enrich the process , and their frustration with the common law theory of difference ; expounded the principle of change of circumstances applicable conditions and effect ; analysis a change of circumstances principles and related concepts relations ; combined with our change of Circumstance theory and practice of China's \practical benefit . Text includes an introduction , body and conclusion of three parts. Text is divided into five chapters: Chapter Change of Circumstance history and doctrine . Introduced the concept of the principle of change of circumstances , the process of historical development , civil law and common law and private international law principles on several theories of change of circumstances , and that several theories were compared and evaluated. Description Change of Circumstance produce has its objective necessity to provide for their social development is the inevitable result . Change of Circumstance second chapter of the theory and practice . Introduced the Chinese mainland and Taiwan on the principle of change of circumstances Theory and Practice . Help change of circumstances in our country has objective existence , but in mainland China currently legislation on this issue but it is blank , there has been legal lag situation. Chapter III of change of circumstances between principles and related concepts . Analysis of the change of circumstances principles and honesty, force majeure , the relationship between business risk and unconscionability , illustrates the principle of change of circumstances is a principle can not be replaced , our legislation should establish the principle of change of circumstances . Chapter IV applies the principle of change of circumstances and effect of the elements . According to the principle of change of circumstances theory and practice , stating applicable Change of Circumstance six elements , analyzes the principle of change of circumstances has the effect of changing or terminate the contract , and the obligation to re- negotiate the effectiveness of the principle of change of circumstances in the position. Chapter V of the \Analysis of China's \judicial recommendations.

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