| Summary: | 碩士 === 國立高雄應用科技大學 === 土木工程與防災科技研究所 === 97 === During the construction period, it is normal to experience the discordant situation in actual geological structure and the design presentation, which is usually called geological variability, and it becomes a very important question that which party shall be responsible for the losses. As for the construction dispute resulting from geological variability, the party concerned often introduces the change of circumstances principle in Civil Law; it comes out different judgment results because the resolutions of similar cases are not so equivalent and different parties have not such alike opinions of application of the change of circumstances principle (called clausula rebus sic stantibus). Thus, the top priority in choosing the resolutions to contractors is to understand the following process, noticeable issue and possible result before applying the change of circumstances principle.
This research studies the origin of the change of circumstances principle theory and further discusses its meaning and development. Moreover, this research discusses the basic theory of the change of circumstances principle and its characters, and concludes related regulations and efficacy of the change of circumstances principle.
In addition to above subjects, this research generalizes some key points from arrangement and analysis of controversial cases in geological variability with application of the change of circumstances principle which are adjudicated or arbitrated by the court and mediated by Public Construction Commission. At last, comparing the above-mentioned cases in procedure and practice in order to survey the similarities and differences of application of the change of circumstances principle, and analyze the divergences and merits and demerits of adopting different resolutions in similar cases for industry reference.
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