论文部分内容阅读
情势变更原则在经济生活中起着非常重要,然而在现实生活中,如果对情势变更这一原则理解不清,特别是与相关概念混淆,就容易发生对该原则的滥用,破坏合同的稳定性,不利于经济的发展。因此准确区分情势变更原则与相关概念的差异就显得尤为重要。笔者在本文中比较了情势变更与不可抗力、商业风险、显失公平的联系与区别,以期能够更好地理解与适用情势变更这一原则。
The principle of change of circumstances plays a very important role in economic life. However, in real life, if the principle of change of circumstances is not understood clearly, especially if it is confused with related concepts, abuse of the principle and the stability of the contract are easily ruined , Is not conducive to economic development. Therefore, it is very important to distinguish the difference between the principle of change and the related concepts accurately. In this article, the author compares the relationship between changes in circumstances and force majeure, business risks, and obviously unfairness so as to better understand and apply the principle of changing circumstances.