Mechanism of Application of Contractual Variation in the Multiple Contract Arena--Commentary on Arti-cle 14,Paragraph 3,of the Interpretation of the General Part of the Contracts Book
Paragraph 3 of Article 14 of the Interpretation of the General Principles of the Con-tract Code refines the rules of contractual modification in the field of multiple contracts and gives the judge the power to ascertain ex officio whether there is a modification of the contract.However,in the face of the complexity and variety of contractual change disputes in practice,in the multiple contracts are legal and valid and the existence of intrinsic connection,this will undoubtedly exacer-bate the"inertia"of the judge to easily presume that the contract has been changed in its entirety.It should be considered that the provisions of the contract should abide by the interpretation of the contract and contractual independence,and should not be abusive system of interpretation,contrac-tual loophole filling and other operations,at the same time,multiple contracts in the contract change should be mainly law,and should not be improperly applied to change the presumption of contract rules.The contract change or not essentially belongs to the meaning of the interpretation of the cat-egory,in can't find out whether the parties on the contract to change the content of the agreement,it should be presumed that the contract does not change,which not only fit the contract prohibits the presumption of change of the normative content,but also more in line with the rules of evidence of the civil litigation law.
Contractual ModificationExpository Contract InterpretationPresumption RuleBurden of Proof
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