情势变迁：一个比较调查【外文翻译】.docVIP

文献翻译 原文： Rebus sic stantibus: A Comparative Survey Author：ziz T Saliba LLMSubject: European Comparative Law (Other articles) Contracts Law and legislation (Other articles) Introduction: The objective of this article is to briefly analyze the unforeseeability doctrine in Civil Law countries (where it is known as a rebus sic stantibus clause or by its French name ), from its beginning to its current stage of development - in a comparative perspective. As discussed below, there are three main modern approaches in the Civil Law countries, to the general application of the rebus sic stantibus doctrine. Some countries have rejected it; others have adopted it through court-constructed provisions in their codes and yet others have expressly adopted it in their coded legislations. The author will also compare the rebus sic stantibus doctrine with some similar doctrines, which are available in Common Law countries. Pacta sunt servanda: The Sanctity of Contracts: The cornerstone of contract law is freedom of contract or the principle of autonomy, which means that when observing the proper legal restrictions, people can engage in whatever contractual relations they choose; and once they have decided to do so, they are bound by their contract. The binding strength of contracts has religious roots. The Old Testament, which is sacred to Christianism as well as to Judaism asserts:When a man makes a vow to the LORD or takes an oath to obligate himself by a pledge, he must not break his word but must do everything he said. In the New Testament, Jesus also commands his followers to honor their word: Let your yes be yes, and your no, be no. A similar reverence for agreements can be found in traditional Muslim law. Chapter 5 of the Quran, sometimes called the Chapter of Contracts, begins with an appeal: O ye who believe! Fulfill (all) obligations. This notion is also found in Roman law: pacta sunt servanda ex fide bona: agreements must be fulfilled in good faith. Rebus sic stantibu