A Study on "clausula rebus sic stantibus" applied to Geological Conditions Change in Construction Projects

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 shal...

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Main Authors: WENG,SHENG-FENG, 翁昇鋒
Other Authors: SONG, MING-SHAN
Format: Others
Language:zh-TW
Published: 2009
Online Access:http://ndltd.ncl.edu.tw/handle/60967775627842778148
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spelling ndltd-TW-097kuas86530762016-04-29T04:19:16Z http://ndltd.ncl.edu.tw/handle/60967775627842778148 A Study on "clausula rebus sic stantibus" applied to Geological Conditions Change in Construction Projects 論地質條件差異與情事變更原則之適用 WENG,SHENG-FENG 翁昇鋒 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. SONG, MING-SHAN Huang, Chung-Fah 宋明山 黃忠發 2009 學位論文 ; thesis 133 zh-TW
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description 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.
author2 SONG, MING-SHAN
author_facet SONG, MING-SHAN
WENG,SHENG-FENG
翁昇鋒
author WENG,SHENG-FENG
翁昇鋒
spellingShingle WENG,SHENG-FENG
翁昇鋒
A Study on "clausula rebus sic stantibus" applied to Geological Conditions Change in Construction Projects
author_sort WENG,SHENG-FENG
title A Study on "clausula rebus sic stantibus" applied to Geological Conditions Change in Construction Projects
title_short A Study on "clausula rebus sic stantibus" applied to Geological Conditions Change in Construction Projects
title_full A Study on "clausula rebus sic stantibus" applied to Geological Conditions Change in Construction Projects
title_fullStr A Study on "clausula rebus sic stantibus" applied to Geological Conditions Change in Construction Projects
title_full_unstemmed A Study on "clausula rebus sic stantibus" applied to Geological Conditions Change in Construction Projects
title_sort study on "clausula rebus sic stantibus" applied to geological conditions change in construction projects
publishDate 2009
url http://ndltd.ncl.edu.tw/handle/60967775627842778148
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