摘要： 情势变更作为合同履行的例外规则虽被我国实定法确认，但学术研究将其视作原则，司法实践亦鲜少支持适用的事实，导致作为具体规则的合同情势变更从构成要件到适用效果一直未有充分讨论。在域外，国际法、区际法、国别法三个维度的典型规则虽不尽相同，但足以揭示情势变更在当今世界较为公认的构成要件与适用效果，应当引起足够重视。同时，法国 2016 年债法改革引入情势变更制度时移植与继受并重的构建路径，也可为当前中国《民法典》完善相关规则提供重要的参考。

关键词: 情势变更, 合同法规则, 构成要件, 适用效果

Abstract: As an exception rule of contract performance, hardship has been con?rmed by the actual law of our country, but it has always been regarded as a principle in academic research, and judicial practice rarely supports the fact of application, which leads to the fact that the change of contract situation as a speci?c rule has not been fully discussed from the constituent elements to the application effect. Although the typical rules of international law, interregional law and national law are not the same, they are enough to reveal the generally recognized constituent elements and application effects of hardship in the world today, which should be paid enough attention to. At the same time, when the debt law reform of France in 2016 introduced the system of situation change, the construction path of both transplantation and succession can also provide important reference for the improvement of relevant rules of the Civil Code of China in the future. 

Key words:  hardship, rule of contract law, constituent elements, requirements and effects