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契约在中国的发展历时良久,但中国的发展并没有以契约为中心发展。近代以来,经济的发展让合同的使用日益频繁,合同法履行原则也需完善。情事变更原则却在合同法中缺席,由于其与诚实信用原则存在诸多差异,且契约信守的理论、实践基础的缺失,因而需要运用司法解释弥补漏洞,并在实践中解决纠纷。
The development of the contract lasted for a long time in China, but China’s development did not develop mainly with the contract. Since modern times, the development of economy has made contracts more and more frequent, and the principle of contract law needs to be improved. The principle of the alteration of circumstances is absent in the contract law. Because of its many differences with the principle of good faith, and the lack of theoretical and practical basis that the contract abides by, the judicial interpretation needs to make up for the loopholes and resolve the dispute in practice.