再论合同法的情势变更原则

情势变更原则作为合同履行的重要原则,在大陆法系及英美法系国家均有详细规定.但在我国现行法律中由于认识尚未统一而未予规定,因此有必要加以研究.由此,本文在探讨情势变更原则的理论根据、适用条件等的基础上,指出在我国确立和完善情势变更原则的重要性并提出相应的立法建议.

Rediscussing the Principle for Contract Law in Case of Changed Situation

As an important principle in the performance of contract, the principle of the changed circumstance is provided minutely in civil law countries and common law countries. However, it is still not defined clearly in the current laws in China, because of the different ideas about it. Hence, it is necessary to make a study of it. In this paper, based on a discussion of the theoretical basis and applicable condition of the principle, the writer points out the great importance of establishing and improving the principle and makes corresponding suggestions of legislation.