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艰难情势条款和调停条款是长期合同中订立双方制定的为在有艰难情势发生时调整合同的条款。为深入研究该理论,本文笔者通过阅读施米托夫《国际贸易法文选——艰难情势条款与调停条款》的内容,对艰难情势条款和调停条款理论进行概括总结,并将该理论与不可抗力理论、合同落空理论、现代艰难情势理论进行比较,从而总结施米托夫艰难情势的特点及优劣。通过比较阅读,本文认为艰难情势理论与上述所述理论均有不同,其有利于促进国际贸易的发展,与现代所提倡的当事人意思自治原则和力求保全合同原则相符合,对我国国内法律的制定也有很大的借鉴意义。
Tough terms and conditions of mediation are the terms of a long-term contract that are established by both parties to adjust the contract in the event of a difficult situation. In order to further study this theory, the author summarizes the theory of difficult situation clause and mediation clause by reading the content of Schmitt’s article “French Trade Selection - Difficult Conditions Clauses and Articles of Conciliation”, and compares the theory with the theory of force majeure , Contract failure theory, modern difficult situation theory to summarize the characteristics and advantages and disadvantages of Schmitt’s difficult situation. By comparing reading, the author argues that the theory of difficult situations is different from the above theories, which is conducive to promoting the development of international trade. It is consistent with the principle of autonomy of parties advocated by the modern society and the principle of preserving contracts, and the formulation of our domestic laws There is also great reference.