Question

法律英语在线翻译

内容摘要：情势变更原则包含“情势”和“变更”两个方面。那么到底何谓“情势”？以及情势的变更须达到何种程度方能调整或解除合同？关于情势变更的适用，法院应根据当事人的请求方可适用，并且当事人在诉讼之前负有再磋商义务。受不利益的一方主张情势变更而中止履行是否构成违约应视情况而定。当事人一方主张适用情势变更原则而终止或解除合同，相对方可以请求损害赔偿。迟延履行或者受领迟延期间发生情势变更，能否适用情事变更原则可参考不可抗力的处理方法。我国合同法引入情事变更原则有哪些障碍？情势变更的制度应如何设计？
关键词：情势变更、不可抗力、当事人主义、再磋商义务、立法设计

Answer 1

The principle of the changed circumstances contains "situation" and "change" two aspects. Then do what is "situation"? And the situation changes must to what degree can adjust or terminate the contract? About changed circumstances, the court shall apply upon the request of the party concerned can apply and the parties in lawsuit for consultations before again obligations. Be not the interests of the party claims changed circumstances and whether in breach of contract should suspend its performance depends. Where a party claims changed circumstances apply principles, and to terminate or cancel the contract, opposite party may request the damages. Delay to perform or delivery delay occur during the changed circumstances, can apply the principle of the changed circumstances may refer to the force majeure treatments. Chinese contract introducing the principle of the changed circumstances has what obstacles? The system should be changed circumstances how to design?

Keywords: changed circumstances, force majeure, the parties, the socialist, again consultations obligation, legislative design

Answer 2

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Answer 3

Change the situation of the principle "and" changes "in two ways. so the situation? and what is meant by" "the change must be to what degree can change or rescind the contract? the situation changes, the court should be at the request of the parties may apply, and the parties concerned in litigation for further consultations before obligations. the interests of the change that situation and whether a party suspends performance of default should be depends on. one party advocated applicable principles and the situation change

Answer 4

可以去百度一下
Abstract: the principle of the changed circumstances contains "situation" and "change" two aspects. Then do what is "situation"? And the situation changes must to what degree can adjust or terminate the contract? About changed circumstances, the court shall apply upon the request of the party concerned can apply and the parties in lawsuit for consultations before again obligations. Be not the interests of the party claims changed circumstances and whether in breach of contract should suspend its performance depends. Where a party claims changed circumstances apply principles, and to terminate or cancel the contract, opposite party may request the damages. Delay to perform or delivery delay occur during the changed circumstances, can apply the principle of the changed circumstances may refer to the force majeure treatments. Chinese contract introducing the principle of the changed circumstances has what obstacles? The system should be changed circumstances how to design? Keywords: changed circumstances, force majeure, the parties, the socialist, again consultations obligation, legislative design