合同法应确立情势变更原则

Principles of Circumstance Change Should be Set up in the Law of Contracts

去年“非典”肆虐 ,造成了大量合同履行障碍 ,再次引发民法学界对情势变更原则的反思。合同存续过程中 ,原先价值判断因为“非典”发生而脱节 ,导致权利义务分配的合理性受到质疑 ,履行合同陷入困境。本文以非典为契机 ,论述了我国《合同法》确立情势变更原则的必要性及其适用要件。

The pervasion of SARS(Serious Acute Respiratory Syndrome) made it difficult to fulfill contracts last year. This causes scholars of civil law to reconsider setting up the principle of circumstance change. In the process of fulfilling contracts, the former valuation can not be adapted in changed situations because of SARS, resulting in questioning on the rationality of the distribution of right and duty, which the current law of contracts can not deal with. On the basis of analyzing some causes aroused by SARS, the paper mainly discusses the necessity and effect of setting up the principle of circumstances change in the law of contracts in China.