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市场经济的稳定运行,离不开有效合同须予严格遵守这一原则。然合同订立之后,可能会遇到订立合同时当事人所无法预见的客观情形的变化。民法的情势变更原则是现代合同法中的一项基本制度,它旨在维持当事人之间的利益平衡,切实贯彻民法中的公平原则、兼顾诚实信用原则。现在很多国家应用情事变更原则来修正合同法。所以本文认为在我国正在修订的民法典中也应该建立情事变更制度,以便更好的完善我国的合同法。
The stable operation of the market economy can not be separated from the principle that a valid contract must be strictly observed. However, after the conclusion of the contract, there may be a change in the objective situation unforeseeable by the parties at the time of conclusion of the contract. The principle of changing circumstances in civil law is a basic system in modern contract law. It aims to maintain the balance of interests among the parties, earnestly implement the principle of fairness in civil law and give consideration to the principle of good faith. Many countries now apply the principle of change of circumstances to amend the contract law. Therefore, this article holds that in the civil code that is being revised in our country, the system of changing of circumstances should also be established in order to better perfect our country’s contract law.