情势变更与商业风险的比较探讨

A Comparative Analysis on the change of situations and the Commercial Risk

情势变更与商业风险之间关系“微妙” ,实践中有时很难把二者区分清楚 ,而一项影响合同关系的情事发生变更 ,在法律上将其认定为情势变更抑或是商业风险 ,会产生截然不同的后果 ,故对二者进行准确界定十分必要。本文从理论基础、认识因素、过错、客观情况的变化程度等方面对二者作了比较分析。

The relation between the change of situations and the commercial risk is subtle. It is difficult to distinguish them in practice. If a change of situations happens and it affects a contract, it would be regarded as either a change of situations or a commercial risk. Thus, two different results would emerge. There it is necessary to define them accurately. Based on the theoretical basis, knowledge factor, offence and the extent of change of objective situations, the author makes a comparative analysis of them.