论情势变更与周边制度的区分与适用

On the Difference and Application of the Principles of Changed Circumstances and Relevant Systems

情势变更原则除解决履行艰难的问题外,还可解决非属不可抗力等情势所导致的履行不能的问题,这一结论不仅能从理论上推导得出,还可通过正确解释“合同目的”得出;所谓合同目的,狭义上指获得对待给付,广义上还可包括“双方动机”,至于学说上的双方动机错误中的另一类——“纯粹的双方动机错误”,在我国可以交由重大误解制度予以处理。

In addition to solving the problem of impracticability,the principle of changed circumstances can also solve the problem of impossibility that is not caused by force majeure,which can be acquired not only by deducing theoretically,but also by explaining "contract purpose" correctly;In a narrow sense,so-called contract purpose is to obtain equivalent payments,but in a broad sense,contract purpose also includes "mutual-motivation".As for another kind of mutual-mistake-"pure mutual-mistake",it can be handled by fault in our country.