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Clausula Rebus sic Stantibus is often quoted as the object of action or defense proposition in civil action practice in Taiwan. The parties advocate the claim or defense of Clausula Rebus sic Stantibus easily. Therefore, there are many disputes concerning the application of Clausula Rebus sic Stantibus in practice cases, in particular with respect to procrastination or change of the engineering project ,the price increase and the rent change..However, there seems to be a lack of consistency identifying the requirements for Clausula Rebus sic Stantibus in practice, As a result, judgement in the same or similar case may lead to different results by different judges .The motive of this thesis was hence established.
This thesis will first search for the theoretical origin of Clausula Rebus sic Stantibus from Continental Law system and Anglo-American Law system, and then discuss its meaning and the evolution history . After that, it will introduce and analyze Clausula Rebus sic Stantibus in theory in details by discussing the basic theory and its character of this principle to distinguish what types of problems this principle would deal with in the beginning.
Moreover, in order to differentiate and analyze the legal concept similar to Clausula Rebus sic Stantibus, such as condition, expressed intention mistake, impossibility of performance, risk acceptance, force majeure, escape clause, even commercial risks ,etc., this thesis will also make a comparison of differences and distinguish from essence, applicability, requirements and availability etc.Hard upon, in order to explore the main theme, this thesis will focus on the legislative history of Clausula Rebus sic Stantibus in the civil law of Taiwan, and discuss about Taiwan’s society , instance of legislation, form requirements, practice opinion and fructus legis from before and after Civil Law was announced, the implementation period of Civil Procedure Supplementary Regulation in Emergency, the implementation period of Civil Procedure Code supplementary regulation after demobilization, the implementation period of article 397 of Civil procedure code, and even after Article 227-2 of Civil laws was announced.
Finally, in order to probe into the practice opinion and application of Clausula Rebus sic Stantibus in practice judgments at present, this thesis uses civil judgements from district courts in the first three largest cities in Taiwan, including Kaohsiung District Court, Taichung District Court and Taipei District Court, in terms of population, caseload, and a variety of case types, as sampling sources. This thesis selected 273 judgments made by the three above-mentioned courts from January 1990 until November 2007, in which Clausula Rebus sic Stantibus was labeled as object of action or issue in action by the two parties., to analyze the status and application of Clausula Rebus sic Stantibus on judgement in practice. After analyzing, screening and classifying the 273 cases, eight types of applications were established, and only 59 of 273 cases meet the requirements of Clausula Rebus sic Stantibus. The overall application rates were 21.6 percent, which were relatively low.. Based on this, it is rational to assume that most arguments over application of Clausula Rebus sic Stantibus are vague and obscure in practice operation
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