论合同法确立情事变更制度的必要性和可行性

On the Necessity and Feasibility of Circumstances Change System Being Established in Contract Law

情事变更制度是一项非常重要的合同制度,许多国家均已立法明确予以规定,而在我国却被排斥在合同法之外。本文指出我国合同法确立情事变更制度是非常必要也是可行的,从经济社会发展规律、国际合同立法趋势、我国司法实践需求三个方面分析了确立该制度的必要性;从外国成熟的立法模式、我国自身丰富的立法及司法实践经验、情事变更与商业风险的界定三个方面分析了确立该制度的可行性。

The circumstances change system is a very important contract system and it has been legislated in many countries, but it is excluded in our contract law. This article points out it is very essential and feasibleto establish circumstances change system in our contract law, then it analyzes the necessity from three aspects, namely development law of economic society, international legislation tendency of contract law and judicial practical demand; and it also analyzes the feasibility from three aspects, namely foreign mature legislation pattern, our own rich experience of legislation and judicial practice and the difference between circumtances change and business risk.