Author(s)

Yuhui Wang ¹

Affiliation(s)

¹ School of Law, China Jiliang University, Hangzhou, Zhejiang, China

Corresponding Author

Yuhui Wang

ABSTRACT

The Civil Code's promulgation has made the situation change principle unmistakably evident in our country's legal documents. Article 533 is a testament to the precise application of the situation change principle to our nation's social progress. The setting of this article not only has a more clear constitutional elements, but also adds a renegotiation system, which can improve efficiency. However, there are also shortcomings, such as unclear renegotiation system, few reference cases in practice, and difficult to define the situation of "major changes in contracts". Consequently, the solution is suggested, in order to more precisely utilize Article 533 of the Civil Code in judicial practice and to further the advancement of contract transactions and guarantee the steadiness of economic and social order, based on the examination of these issues and the interpretation of the legal principle of the situation alteration.

KEYWORDS

Change of circumstances; Renegotiation system; Major changes; Discretion

CITE THIS PAPER

Yuhui Wang, Research on Investigation into the Utilization of the Concept of Alteration of Circumstances. Science of Law Journal (2024) Vol. 3: 100-106. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030116.

REFERENCES

[1] Chen Jielei. A doctrinal interpretation of the rule of change of circumstances in the civil code[J]. Journal of China University of Political Science and Law, 2022(03):11-12.
[2] Zhang Pinghua, Wang hui. An integrated response system of "Force majeure/change of circumstances" in the context of COVID-19 [J]. Application of law, 2020(13):9.
[3] Li Yingyi. Change of contractual circumstances as a rule [J]. Explore and argue, 2020(5):15-16.
[4] Zhou Hengyu. Some important issues about the system of changing circumstances in the Civil Code [J]. Chinese applied jurisprudence, 2022(6):4.

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