论情事变更原则在当前金融危机中的适用

On the Application of the Principle of Changed Circumstances in the Current Financial Crisis

情事变更原则是已经成立而未履行或未履行完毕的合同,其订立的基础发生根本性变化,如继续履行合同将会使双方当事人利益明显失衡,因此变更或解除合同的原则。民法的公平原则是情事变更原则确立的基础。本文介绍了情事变更原则确立的必要性,并对情事变更原则的制度构成提出自己的建议。

The principle of changed circumstances is the contract which has been made but not carried out, or which has not finished. The base of the contract has changed basically .If continue to perform the contract, the two parties would face up the conflict of interest. The fair principle of the civil law is the base of the principle of changed circumstances. The paper introduces the necessity to set up the princi- ple of changed circumstances, and puts forward some views on the principle