| 英文摘要 |
The principle of change of circumstances in Article 227-2 of the Taiwan Civil Law is one of the specific concepts under the principle of good faith. It involves when the situation of the contract is changed dramatically, and the performance of the deal will lead to unfairness or harmful to one party. From the above Taiwan judiciary development, the court adopted a stricter attitude towards the interpretation of this principle to avoid violating the autonomy of private law. As a matter of fact, if there is an exclusion clause, regarding the change of circumstances, the court may still apply the principle of change of circumstances to solve the case. By using the Obligation of Re-negotiation, the contracting parties can have a chance to re-negotiate and strike a balance between the two parties. However, the period of a right of formation is not laid down in civil law which makes the contracting parties into an unstable circumstance. In order to solve this problem, analogy similar rule can be a method. But in a long-term consideration, the best way is to draw up an article in civil law. |
