论合同法的情势变更原则

On the Principle for Contract Law in Case of Changed Circumstance

情势变更原则作为合同履行的重要原则,在大陆法系及英美法系国家均有规定.但在我国的现行法律由于认识尚未统一而未予规定,因此有必要加以研究.在探讨情势变更原则的理论根据、适用条件等的基础上,指出我国有关情势变更原则的问题,并提出相应的立法建议.

As an important principle during the performance of contract, the substantial change of circumstance system is provided in continental law system and common law system countries. However, it is still not defined clearly in the current laws in China, because of the different ideas about it. Hence, it is necessary to make a study of it. In this paper, based＇on a discussion of the theoretical basis and applicable condition of the principle, the writer points out the principle for the changing in China and makes corresponding legislative suggestions.