再析情势变更原则

On the Circumstances Change Principle

情势变更原则是关于处理合同履行过程中由于情势变更引起合同效力变化的重要原则,我国《合同法》对此却无明文规定,从情势变更原则的有关基础理论问题出发,对确定情势变更原则不仅具有深远的立法理论基础,而且是实践的必需进行阐述,并籍此提出一项希望,即:确立该原则为我国即将颁布的《民法典》债权编的基本原则之一。

The circumstances change principle is an important principle which deals with the contract potency change caused by the circumstances change. However, there is no explicit legal stipulation in Law of contract in our country. From related basic theory of the circumstances change principle, the author analyzes that the determination of circumstances change principle has a profound legislation theory basis and it is the requirement of practice. Then, the auther proposes to establish this principle as one of the basic principles of the creditor＇ s fights of ＂Civil Code＂ as be issued.