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MAC虽与我国民法与合同法所体现的情势变更类似,但应用过程中却存在着些许差异。与国外协议中MAC条款广泛而深入的应用不同,我国由于情势变更在立法上的模糊,情势变更的术语在协议中很少见到。文章认为这种立法和实践上的缺失,阻碍了经济活动的开展。随着我国企业海外直接投资的不断增加和国内经济发展的需要,情势变更有必要在立法上加以明确,以便在法律实践中进行推广和使用,并有助于交易双方当事人对风险的认识和分配,减少因对情势变更在定义、解释和应用上的不足而产生的争议。
Although the change of MAC is similar to the situation reflected in our civil law and contract law, there are some differences in the application process. Different from the extensive and in-depth application of MAC clauses in foreign agreements, the terms of situation change in our country are seldom seen in the agreement due to the legislative ambiguity of the situation change. The article thinks that this lack of legislation and practice hinders the development of economic activities. With the continuous increase of overseas direct investment of our country enterprises and the need of domestic economic development, it is necessary to clarify the situation changes in the legislation so as to promote and use in the legal practice and to help the parties involved in the transaction know and allocate the risk , Reducing the controversy arising from the lack of definition, interpretation and application of changes in circumstances.