论文部分内容阅读
国外如UPICC对再交涉义务进行了规定,德国、日本的学者也对此有较为成熟的理论研究。我国一些学者主张在我国适用情势变更原则前也规定双方当事人一项再交涉义务,而本文认为再交涉作为一项私权利,没有必要将之规定为一项义务,既无实践上的需要、也不利于保护不利益一方及时、完全的救济自己权益。
Foreign countries, such as UPICC, have stipulated the obligation to negotiate again. Scholars from Germany and Japan also have relatively mature theoretical studies on this issue. Some scholars in our country advocate that before the principle of changing circumstances is applicable in our country, we also stipulate that the two parties need to reconsider obligation one by one. However, this article does not consider it necessary as an obligation to negotiate as a private right, neither has practical need nor Not conducive to the protection of non-interest parties in a timely and complete relief to their own rights and interests.