Article 32 Paragraph 4 of the Judicial Interpretation of the General Principles of Contracts provides that a special agreement between the parties to exclude the application of the regime of change of circumstances is invalid,and its legitimacy requires further reflection.The change of circumstances system is the tool to fill the loopholes between the parties rather than the restriction norms of contract freedom,and the special agreement of excluding the change of circumstances and the nature of the change of circumstances norms itself are not in conflict.The special contract of excluding the application of the change of circumstances has characteristics of prior waiver,general agreement and so on,but this does not mean that the special contract is necessarily inconsistent with the true meaning of the parties or contrary to public order and morality.There is only a difference in degree and scope between such a special agreement and a specific risk allocation agreement,and there is no clear-cut line.In order to maximise to respect the parties'autonomy,the special agreement of exclusion of variation of circumstances from the application should in principle be recognised.If there are defects in the contract such as violation of public order and morals or manifest unfairness,the general rules of validity of legal acts should be applied to regulate it.In this regard,different levels of judgement may be applied according to the differences in the types of contracts,such as civil contracts and commercial contracts,and single-service contracts and double-service contracts.If the future change of circumstances and the adverse effects on the parties are far beyond the parties'common assumptions at the time of contracting,it can be concluded that such special contract is not established due to the lack of consent.
change of circumstancesspecial contractmandatory normspublic order and moralityhonesty and trustworthiness
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