论情势变更原则在建设工程合同纠纷中的适用

情势变更原则是合同法律制度中一项重要内容。近年来,在工程建设中,经常发生固定价格合同下材料大幅涨价导致的工程价款纠纷,由此引发在建设工程合同纠纷中是否适用情势变更原则的争议。鉴于我国《合同法》并没有规定情势变更原则,因此,本文试以建设工程合同纠纷为例,从情势变更原则的适用条件、法律效果等方面出发,对这一原则加以论述,并在此基础上对我国适用情势变更原则提出相应建议和意见。

The application of the principle of changed circumstance in the construction project contract disputes

The principle of changed circumstances is one of the most important contents in the legal system. In recent years, in most construction projects the dispute of the construction cost for the fixed price contract is increasing due to the fact that raw materials increased dramatically, which brought the dissensions of the application of the principle of changed circumstance in the construction project contract. Considering the situation that there are no regulations of the principle of changed circumstance in the CONTRACT LAW in China, this paper, based on the example of construction project contract dissensions, is to make a statement from the viewpoint of application conditions and legal effect of the principle of changed circumstance. Suggestions and comments on the application of the principle of changed circumstance in our country are also discussed in this paper.