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情势变更原则曾一度是我国民法中的一项重要原则,在1981年的《经济合同法》中进行了明确规定,但1993年修订《经济合同法》时又取消了该条规定,在新《合同法》立法过程中,该原则亦曾写入草案,但最终未得以通过。从现在各国的立法看,情势变更原则已成为当今世界上多数国家处理情势变更问题的重要原则,我国未对此项原则进行明文规定不能不说是一种遗憾。本文即从情势变更原则的含义、与相关概念的区别、适用的条件、司法中的实际应用以及确立此原则的重要性出发进行阐述,以说明确立情势变更原则对完善我国民事法律制度所具有的重要意义。
The principle of changing circumstances was once an important principle in civil law of our country and was clearly stipulated in the Economic Contract Law of 1981. However, it was abolished when the “Economic Contract Law” was amended in 1993. In the new “ Contract Law ”legislative process, the principle has also been written into the draft, but ultimately not passed. From the current legislation of all countries, the principle of changing circumstances has become an important principle that most countries in the world handle the issue of changing circumstances. It is regrettable that China should not explicitly stipulate this principle. This article elaborates from the meaning of the principle of change of circumstances, the difference with the related concepts, the applicable conditions, the actual application in the judiciary and the importance of establishing this principle, so as to illustrate the importance of establishing the principle of the change of circumstances in improving the civil legal system in our country Significance.