合同法中情势变更原则的适用疑难——以个案分析为视角

我国已通过司法解释的形式确立了情势变更原则,但由于概念界定的模糊性,司法适用过程中仍存在谬误.可通过个案分析的方法,从对情势变更事项的界定、可预见性的判断和显示公平的标准上探究情势变更原则适用要件分析的疑难点,最终通过情事变更判断标准的立法规范、司法适用过程的规制以及当事人的自我防范发挥情势变更原则的作用.

The Problems of the Application of Circumstance Modification Principle in Contract Law——Based on the Analysis of a Case

China has established the Circumstance Modification Principle by judicial interpretation. But as a result of the ambiguity of the concept, its application often makes errors. We may stand on a case and tries to define the circumstances included in the principle and judge the foresee ability, as well as the badly unjust to explore the difficulties through the application by way of analyzing the case to expect the regulation of law to assure it and the court to face up to it and the parties themselves to detail it in their contracts.