Title: A Further Study of the Principle of Circumstance Alternation in Accordance with the 26th Article of the Interpretation(2) of Contract Law
Abstract: Article 26 of judicial interpretation (2) for Contract law establishes the principle of the situation changes. The value of introduction the principle to change the situation lies in the fact that when the balance between the interests of the original contract,because of financial instability caused by the intense unjust results,subject to legal relief. The establishment of the principle did not come easily,because it is hard to change for the principle of the situation history and its ups and downs in China's evolution. It is a manifestation of the principle of fairness applies to contemporary norms of civil law in particular. Judicial interpretation of Article 26 success,but it is also much room for improvement. To exert the effectiveness of the principle,they should carefully study the legal elements of strict distinction between the normal and the force majeure and the difference between market risks and maximize safety to avoid the transaction and the market impact of large order. On the legal consequences of its application to change or revoke the contract,the court of equitable principles to the basic norms,combined with the specific case decided.
Publication Year: 2010
Publication Date: 2010-01-01
Language: en
Type: article
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