浅议建筑房地产合同纠纷中情势变更原则的适用

Discussion on the application of the principle to change the situation of the real estate contract disputes in the construction

情势变更原则作为民法的重要原则,体现了民法中诚实信用和公平合理的原则精神。但我国合同法至今仍未规定情势变更原则,这是我国民法领域的巨大缺失。鉴于中国目前所面临的金融海啸、物价上涨、房价巨跌以及股市暴收等复杂多变的经济形势,笔者建议应在未来所制定的民法典或最高人民法院的司法解释中规定情势变更原则。

As an important principle of civil law, changed circumstances represent the principle spirits of honesty, credibility and equity. However, changed circumstances are still not stated in the contract law of China, which is a great imperfection of our civil law. In consideration of such complicated and changeable economic situation of China as financial tsunami, inflation of prices, decrease of house prices and the enormous closing of stock market, the author proposes that principle of changed circumstances should be included in future civil code or judicial interpretation of Supreme People’ s Court.