Guiding Opinion on Several Issues Concerning the Trial of Civil and Commercial Contract Disputes under Current Circumstances

关于当前形势下审理民商事合同纠纷案件若干问题的指导意见

The Opinion gives guidance on distinguishing changed circumstances and commercial risk, determining excessive liquidated damages, loss of anticipated benefits and agency by estoppel, and correctly applying mandatory provisions and the rule of the right of plea of unease.

(Issued by the Supreme People's Court on July 7 2009.)

(最高人民法院于二零零九年七月七日发布。)

Higher people's courts of the provinces, autonomous regions and municipalities directly under the central government, military courts of the People's Liberation Army, and the Production and Construction Corp Branch Court of the Higher People's Court of the Xinjiang Uyghur Autonomous Region:

We hereby issue to you the Supreme People's Court, Guiding Opinion on Several Issues Concerning the Trial of Civil and Commercial Contract Disputes under Current Circumstances and ask that you duly and thoroughly implement the same while taking into account local realities.

各省、自治区、直辖市高级人民法院,解放军军事法院,新疆维吾尔自治区高级人民法院生产建设兵团分院:

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