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目前,金融危机席卷全球,全球货币值出现幅度较大的贬值,经济总量与经济规模出现较大的损失,经济增长受到严重打击。伴随着金融危机的到来是大量企业的倒闭和工人的失业,全球出现普遍经济萧条的局面。由于经济大危机的影响,大量合同无法依约履行,由此造成全球范围内合同违约现象频频发生。出现了一连串的违约现象:已订货的买家纷纷要求卖家延迟交货,许多买家拒绝接货。在这种情况下,该用哪种法律手段保护自己的利益不受影响呢?本文着重探讨了全球金融危机形势下,情势变更原则的内容、适用前提、条件及合同当事人的应对策略。
At present, the global financial crisis has swept the globe and the value of global currencies has been devalued by a large margin. As a result, the total economic output and the size of the economy have suffered a great loss and the economic growth has been severely hit. With the coming of the financial crisis, the collapse of a large number of enterprises and the unemployment of workers have led to the situation of a general economic recession in the world. Due to the impact of the economic crisis, a large number of contracts can not be performed according to the contract, resulting in frequent occurrence of contractual defaults worldwide. There have been a series of defaults: buyers have ordered the seller to delay delivery, many buyers refused to accept the goods. Under such circumstances, what kind of legal means should be used to protect their own interests from being affected? This article focuses on the contents, applicable preconditions and conditions of the principle of change of circumstances and the coping strategies of parties involved in the contract under the global financial crisis.