1. Retaining Contractual Equilibrium through the Doctrine of Change of Circumstances: What Can Be Learned from Chinese Experiences?
- Author
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Ding, Chunyan
- Subjects
GOVERNMENTAL investigations ,CONTRACTS ,VIS major (Civil law) ,EQUILIBRIUM ,LEGAL judgments ,COMPARATIVE law - Abstract
Retaining Contractual Equilibrium through the Doctrine of Change of Circumstances: What Can Be Learned from Chinese Experiences? By carrying out a large-scale investigation of judicial decisions delivered from 2009 to April 2023, this article analyses and presents Chinese experiences in retaining contractual equilibrium through the doctrine of change of circumstances. They include the judiciary's three-step analytical framework based on the shared assumption theory and the contractual equilibrium theory, categorisation of the disrupted contractual equilibrium caused by a change of circumstance, and elaboration on the relationships between the three doctrines regarding unexpected circumstances (i.e. the doctrine of change of circumstances, the doctrine of frustration of the purpose of the contract and the doctrine of force majeure) under Chinese contract law. This article, for the first time, systemically elaborates on the Chinese judicial analytical approaches in applying the doctrine of change of circumstances through a large-scale investigation of judicial decisions and clearly shows the doctrine's distinct role in the context of unexpected circumstances. The discussions help to gain a deep understanding of the application of the Chinese doctrine of change of circumstances in real life and are of great value for nourishing the comparative law discourse of the rules of unexpected circumstances. [ABSTRACT FROM AUTHOR]
- Published
- 2023
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