英文摘要 |
This paper makes a study on the principle of change of circumstances, that focusing on comparison between Taiwan Law and Vietnam Law. First of all, Taiwan and Vietnam's principle of change of circumstances from practice to codification is roughly the same. Since the early time, Taiwan had recognized the principle through jurisprudence and special laws, next concretized in Article 397 of the 1968 Civil Procedure Code, and then fixed in Article 227-2 of the 1999 Civil Code. While in Vietnam, the change of circumstances principle was known as transaction changes affected major amendment from national policies in the insurance business law and construction law, as well as the rise of some cases like the typical kiosk case, as the results of Article 420 of the 2015 Civil Code. Secondly, the regulation of re-negotiation in Vietnam is not an arbitrary precedence and the process of negotiation does not affect the performance of contractual obligations. In addition, it is worthy attention in the compositions of change of circumstances principle, Vietnam law's risk prevention measures may be interpreted by Article 217 of the Taiwan Civil Law, but the former is a real obligation and the latter is unreal obligation. Finally, regarding the legal effect of the change of circumstances, in Taiwan it is to increase or decrease payment or change, while Vietnam law is to adjust or terminate contract. In addition, it is worthwhile to refer to Vietnam law has the specific regulation of legal effect based on economic factors, but non-economic factors may be considered as discretionary factors. |