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所谓情势变更原则,就是传统民法理论上所称的可免责原则,它包含了不可抗力部分,但免责范围又比不可抗力更为广泛,更为灵活.从直观意义上说就是由于不可抗力或一方当事人虽无过失但无法防止的外因,致使双方签订的合同无法履行或不能完全履行,若继续履行将显失公平时可允许变更或解除原合同的一种事由.情势变更原则的具体适用应当以公平原则为前提.情势变更是民事法律关系的事实,只有当该情事的发生确实导致原合同无法履行或不能完全履行,若继续履行将显失公平时才可适用该原则,给一方当事人予以适当范围的免责.
The so-called principle of change of circumstances is the principle of exemption claimed in the theory of traditional civil law. It contains parts of force majeure, but the scope of exemption is more extensive and flexible than that of force majeure. In the intuitive sense, this is due to force majeure or the failure of one of the parties Negligence but can not prevent the external causes, the contract signed by both parties can not perform or can not be fully implemented, if the performance will continue to be unfair to change or rescind the original contract for a reason .Particular application of the principle of change should be based on the principle of fairness The premise.The situation change is the fact of the civil legal relationship, only if the occurrence of the matter does not lead to the original contract can not be performed or can not be fully performed, if the performance will be obviously unfair until the principle can be applied to one of the parties to be exempted from the appropriate range .