情事变更规则与不可抗力规则的并存意义

Significance of Coexistence of Situation Changing Rules and Force Majeure Rules

不可抗力是我国《合同法》确立的法定免责事由,该法出台时并未设立情势变更原则,《〈合同法〉司法解释二》实施后,情势变更原则得以确立,此两种规则貌似相同,但却有着本质的区别,文章通过比较两种规则的异同,论述了其并存的意义。

Force majeure is the statutory exemption defined by ＂Contract Law＂ of our country.When the law came out,the situation changing rule was not established.After the implementation of ＂No.2 Judicial Interpretation of ＇Contract Law＇＂,the situation changing rule was established.These two rules seem the same,but there are essential differences between them.Through comparing their differences and similarities,the article points out the significance of their coexistence.