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The so-called change of circumstances system means that after the contract is validly established, due to reasons that cannot be attributed to the parties, an unforeseeable major change of circumstances occurs, causing the foundation of the contract to be shaken

author:Pu Lin said

The so-called change of circumstances system refers to a system in which after the effective conclusion of a contract, due to reasons not attributable to the parties, an unforeseeable major change of circumstances occurs, resulting in the foundation of the contract being shaken or lost, and it would be unfair to continue to perform the contract, so the parties are allowed to modify or terminate the contract through consultation or judicial procedures. The principles of fairness and good faith are the basic principles of civil law, contracts are the product of party autonomy, and strict compliance with contracts is the cornerstone of the contract legal system. In order to achieve contractual justice and adjust the autonomy of the parties, the change of circumstances system must be limited to very necessary circumstances, that is, the strict observance of the contract is the principle, and the change of circumstances system can only be an exception. Therefore, it is necessary to fully understand the essential exception of the change of circumstances system, and while correcting the substantive fairness, it is necessary to accurately grasp and strictly determine its application, so as to prevent the breaching party from abusing the system to harm the interests of the non-breaching party, and then there will be deep-seated problems such as more unfairness in order to solve an unfairness.

The so-called change of circumstances system means that after the contract is validly established, due to reasons that cannot be attributed to the parties, an unforeseeable major change of circumstances occurs, causing the foundation of the contract to be shaken
The so-called change of circumstances system means that after the contract is validly established, due to reasons that cannot be attributed to the parties, an unforeseeable major change of circumstances occurs, causing the foundation of the contract to be shaken
The so-called change of circumstances system means that after the contract is validly established, due to reasons that cannot be attributed to the parties, an unforeseeable major change of circumstances occurs, causing the foundation of the contract to be shaken

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