合同法和条约法中情势根本变更原则之比较

Comparison of Principle of Fundamental Change of Circumstances between Contract Law and Treaty Law

作为有约必守原则的例外,情势根本变更原则无论在合同法还是条约法中都很重要,合同法与条约法中的情势根本变更原则既有联系,又有区别。联系主要是因为人们将国内法的概念、规则和原则类推适用于国家之间的关系,而二者的不同很大程度上源于国内法与国际法的性质差异。

The principle of fundamental change of circumstances,as an exception of the principle pacta sunt servanda,is very important for both contract law and treaty law,and differences as well as similarities exist between them in the principle of fundamental change of circumstances.Similarities are by reason that the concepts,rules and principle of national law are analogized to be applicable to international law,but the differences stem mainly from the discrepant nature between national law and international law.