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大陆法系的情势变更原则与英美法系的合同落空原则相类似。两大法系均认可合同签订后因特殊情况的出现,缔约方可不依约定履行合同的权利。这两种制度的设计均给以“合同神圣”原则以修补,以期保证合同的公正。本文对这两种原则的具体内容,对情势变更原则与合同变更原则进行了比较分析。
The principle of the change of situation in the civil law system is similar to the principle of the failure of contracts in Anglo-American law. Both legal systems recognize that after the signing of the contract, due to the special circumstances, the contracting parties may not fulfill the contractually agreed right. The design of these two systems are given the principle of “contractual sanctity” to repair, with a view to guarantee the fairness of the contract. In this paper, the specific content of these two principles, the principle of changing the situation and the principle of contract changes were compared.