试论合同法中的情事变更原则

On the Principle of Change of Situation in Contract Law

情事变更原则是在民商事活动中以诚实信用原则为基础逐渐演绎出来的,其在适用条件、法律效力方面不同于不可抗力、显失公平和商业风险,虽然没有被写进我国的新《合同法》,但它已逐渐被其他许多国家的民商事立法所确认,成为一项较为基本的民商事活动原则。

The principle of change of situation is deduced from the good faith doctrine in the civil and commercial activity, and it's application term and legal effectiveness is just different from the force majeure, unconscionable result and commercial risk. In spite of having not been written in the Contract Law of China, it has been affirmed by civil and commercial legislation by many other nations, which results in being a fundamental principle in civil and commercial activity.