A Comparative Study of the Chinese Change of Circumstances and the UK Contract Frustration

Mingyang Chen
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Abstract

This study mainly focuses on the comparative study of the "change of circumstances system" in the contract law of China and the UK. This system is described differently in Chinese and English law. Chinese contract law describes it as "change of circumstances", and English contract law describes it as "contract frustration". Although there are differences in legal descriptions, the connotation and purpose of the two systems are generally similar. Generally speaking, it refers to the occurrence of unforeseen circumstances between the two parties after the conclusion of the contract, which leads to fundamental changes in the basis of performance. If the performance is illegal or fundamentally deviates from the main purpose of the contract, the status of the contract shall be changed or terminated. The purpose of the system is to maintain the fairness of the contract parties, reduce the risk of the contract parties, and promote the stability of the trading market. Some differences have emerged in the judicial practice and legislative expression of the system in the two countries. This study believes that the main reasons are the large differences in the business environment and the theoretical basis of the system between the two countries. Therefore, this study will first compare the theoretical basis of the change of circumstances system in the two countries, and then specifically compare the legislative expression and judicial practice of the system in China and the UK, and analyse the reasons for the difference. It should be stated that this comparative study aims to analyse the differences and find out the reasons for the differences and does not involve the evaluation of the advantages and disadvantages of the system.
中国环境变迁与英国合同挫折的比较研究
本文主要对中英两国合同法中的“情形变更制度”进行比较研究。这一制度在中国和英国的法律中有不同的描述。中国合同法将其描述为“情势变更”,英国合同法将其描述为“合同挫折”。虽然在法律描述上存在差异,但两种制度的内涵和目的大体相似。一般来说,是指合同订立后,双方发生不可预见的情况,导致履行基础发生根本性的变化。违法履行或者从根本上偏离合同主要目的的,应当改变或者终止合同地位。该制度的目的是维护合同当事人的公平,降低合同当事人的风险,促进交易市场的稳定。这一制度在两国的司法实践和立法表现上出现了一些差异。本研究认为,主要原因是两国的商业环境和制度理论基础存在较大差异。因此,本研究将首先比较两国情节变更制度的理论基础,然后具体比较中英两国对情节变更制度的立法表现和司法实践,并分析造成差异的原因。需要说明的是,本次比较研究的目的是分析差异,找出差异产生的原因,并不涉及对制度优劣的评价。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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