我国合同法引入情势变更制度障碍探析

An Analysis of the Obstacles to the Introduction of "rebus sic stantibus" into China's Contract Law

我国合同法引入情势变更制度在立法中遭受障碍,原因是:情势变更概念难以界定;情势变更与不可抗力、与商业风险难以区分;情势变更实际操作困难,易于被滥用;情势变更适用机会少,可以忽略不计等。从我国社会主义市场经济发展实际需要出发,法制应对情势变更制度障碍采取补救措施。

The introduction of ＂rebus sic stantibus＂ into China＇s contract law has encountered obstacles in the legislation process. There are several underlying reasons for this： the difficulty of defining the concept of ＂rebus sic stantibus＂, the difficulty of distinguishing between ＂rebus sic stantibus＂, force majeure and business risks, the difficulty of operation and misuse in application, very few opportunities to apply it and its negligence, etc. In order to satisfy the needs of developing a socialist market economy, remedy measures should be adopted to overcome relevant obstacles.