试论情势变更原则

On the Principles of the Situation Alteration

情势变更是合同法律制度的一项重要内容,本文结合一些案例,对情势变更原则的界定、来源、适用条件及后果进行分析,并同不可抗力、显失公平,重大误解等作比较,力求能够从理论与实践上较为全面地理解和把握情势变更原则,为司法实践提供法律依据。

Situation alteration is an important content of contract law, so this article, according to some law cases, analysizes the definitions, sources, suitable conditions and results of the principles of the situation alteration; as well as makes a comparison between situation alteration and others such as force majeure, obvious unfairness and weighty mistakes, and so as to attempt to comprehend fully and grasp the principle of situation alteration both in theory and in practice .Therefore it can provide bases in law for judicial act.