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

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.