중국 민법전 상의 사정변경 원칙에 관한 연구- COVID-19 사례를 중심으로 -

The Civil Code of China was enacted on May 28, 2020 and enforced on January 1, 2021. Due to the existing law, the civil law law has been enacted as a unified civil law law, systematic in the interpretation and application of civil law, and significant progress is expected in the development of Chinese civil law and precedent. The Contract Law was incorporated as a third part of the Civil Code, and a number of provisions were revised or newly established, rather than simply integrated into the Civil Code. The provision on the principle of changing circumstances, which had been recognized as a judicial interpretation of the Supreme People's Court, was also stipulated as a statement when the Civil Code was enacted. However, since the principle of changing circumstances was stipulated as a single condolence, there are still issues waiting for interpretative resolution, which are left to theory and precedent. In particular, China has theoretically had various conflicts of opinion over the criteria for determination of changes in circumstances, the effects of changes in circumstances, and the criteria for separation of force majeure and circumstances. In this paper, the theoretical review of the principle of change of circumstances and related precedents are analyzed, and how the Chinese court is applying the principle of change of circumstances to resolve contract disputes in the face of an explosion of disputes related to contract violations in accordance with the pandemic of COVID 19.