国际商事合同通则精要.ppt

（二）通则作为国际商事合同的准据法 1、当事人同意合同受通则管辖时； They shall be applied when the parties have agrees that their contract be governed by them. 2、当事人同意合同受一般法律原则、商人法（或者类似措施）时； They may be applied when the parties have agreed that their contract be governed by general principles of law ,the “lex mercatoria” or the like. 3、当事人没有选择合同所适用的法律时。 They may be applied when the parties have not chosen any law to govern their contract. Article 6.2.2 (Definition of hardship) There is hardship where the occurrence of events fundamentally alters the equilibrium of the contract either because the cost of a party;s performance has increased or because the value of the performance a party receives has diminished, and (a) the events occur or become known to the disadvantaged party after the conclusion of the contract; (b) the events could not reasonably have been taken into account by the disadvantaged party at the time of the conclusion of the contract; (c) the events are beyond the control of the disadvantaged party; and (d) the risk of the events was not assumed by the disadvantaged party. 第6.2.2条　(艰难的定义) 　　不论因为一方当事人履约费用增加或一方当事人所获履约价值减少，凡发生从根本上改变合同双方均势的事件，就出现艰难的情况，并且 　　(a)事件在订立合同后发生或为不利一方当事人所知； 　　(b)在订立合同时，不利一方当事人没有理由考虑到该事件； 　　(c)事件非受不利一方当事人所能控制，且 　　(d)事件的风险不由不利一方当事人承担。　　 Article 6.2.3 (Effects of hardship) (1) In case of hardship the disadvantaged party is entitled to request renegotiations. The request shall be made without undue delay and shall indicate the grounds on which it is based. (2) The request for renegotiation does not in itself entitle the disadvantaged party to withhold performance. (3) Upon failure to reach agreement within a reasonable time either party may resort to the court. (4) If the court finds hardship it may, if reasonable, (a) terminate the contract at a date and on terms to be fixed, or (b) adapt the contract with a view to restoring its equilibrium. * * 第五章 国际统一私法协会国际商事合同通则 一、通则的产生 用非法律的方法统一法律。 目前通则最新版本是2010年第3版，11章，211条。 二、通则的功能 （一）通则作为示范法 They may serve as