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5.非商业风险条件由于司法解释的规定实际上把商业风险排除在情势变更的范围之外,应当说,这也是符合现行国际立法惯例的。但商业风险是不是都不能适用情势变更原则呢?一种观点认为,应当依法保护合同,坚持契约必须信守原则,当事人一律不得以商业风险为由主张情势变更。另一种观点认为,只要商业风险发生,使得合同当事人双方利益不公平,就应适用情势变更原则。笔者认为,
5. Non-commercial risk conditions As the judicial interpretation of the provisions of the actual business risk excluded from the scope of changes in the situation, it should be said that this is also in line with current international legislative practice. However, the principle of change of circumstances can not be applied to commercial risk? One view is that the contract should be protected according to law and the contract must be kept in the principle that the parties should not advocate changes in circumstances on the ground of commercial risk. Another view is that as long as commercial risk occurs, making both parties to the contract unfair interests, the principle of change of circumstances should be applied. the author thinks,