Pages 16-19
Year 2022
Issue 1
Volume 11

DISCUSSION OF THE NEGOTIATION SYSTEM UNDER THE PRINCIPLE OF CHANGE OF SITUATION

Author(s):
Hui Zheng

Doi: 10.7508/aiem.01.2022.16.19

This is an open access article distributed under the Creative Commons Attribution License CC BY 4.0, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited

Abstract

As a “new” system, article 533 of the contract code of the Civil Code establishes the principle of change of situation, as a “new” system, which aims to eliminate disputes and maintain the contract order before the intervention of judicial procedures. Unfortunately, the rough planning of the legislation does not make specific provisions on the nature of the re-negotiation system, and the judicial judgment is slightly chaotic in reality. In the principle of integrity and meaning autonomy to provide the legal basis of negotiation system, should be clear to representation system as a right, after negotiation procedure is started, the contract subject temporarily lost litigation, adversely affected one party to suspend the performance of the defense, based on the basis of typed analysis set reasonable period, on the damage compensation problem shall refer to the applicable contracting negligence liability processing.

KEYWORDS:
Civil Code, Change of Situation, Renegotiation, Formation Right