对完善我国情势变更原则的思考

On Improvement of the Principle of Change of Circumstances in China

情势变更原则是根据"契约严守原则"设立,旨在矫正利益分配,是平衡合同双方权益的重要制度。随着经济迅猛发展,市场交易不断突显各种新情况,对情势变更原则法律化需求不断增强。基于当前合同立法对该制度缺失的遗憾,建议确定情势变更原则的适用范围,明确情势变更的适用时效,与商业风险相区别,明晰情势变更原则使用的判定标准,对其效力类型实现具体化规定。

The principle of change of circumstances is based on the principle of ＂strict adherence to the contract＂ , with the purpose of correcting the distribution of benefits, and it is an important system in terms of balancing the interests of both parties. Besides, with the rapid economic development, new and unexpected situations continue to emerge in market transactions, so the legal demand for the principle of change of circumstance is increasing. This paper, based on the current law of China＇s contract legislation, makes suggestions that the scope of application of the principle of change of circumstances be determined, the application of the time limitation of the principle of change of circumstances be defined, and it should be different from the business risk, and the use of the criteria of the principle be cleared in order to determine the effectiveness of its specific types of the principle.