交易即风险,市场经济下的商业运作,就必然有风险,这是市场规律的本质体现。合同履行过程中出现当事人在订立合同时不能预见的情形,致使履行合同对一方当事人造成重大损害,当事人可否请求变更合同,此种情形下对合同变更与商业风险的关系如何?本文从最高法院判决出发予以解读合同法商业风险与合同变更的关系。 Trading is risk, the commercial operation under the market economy, there is bound to be risk, which is the essence of the law of the market. During the performance of the contract, the parties can not foresee the situation when entering into the contract, causing the contract to be harmed to a great extent to one party, and whether the parties can request the contract to be changed. What is the relationship between contract change and commercial risk under such circumstances? Departure interprets the relationship between commercial risk in contract law and contract change.