Discussion on m88 casino bonus code legal basis for rent reduction during extraordinary times such as m88 casino bonus code Pneumonia Epidemic and furm88 casino bonus coder comments

Since m88 casino bonus code outbreak of COVID-19, in order to prevent and control m88 casino bonus code spread of m88 casino bonus code epidemic, m88 casino bonus code state and local government departments have issued a series of policies. For example, on January 24, 2020, m88 casino bonus code Hubei Provincial Department of Culture and Tourism issued m88 casino bonus codeNotice on Furm88 casino bonus coder Strengm88 casino bonus codening m88 casino bonus code Management of Cultural Venues and Cultural and Tourist Activities and Containing m88 casino bonus code Spread of m88 casino bonus code Epidemic(hereinafter referred to as m88 casino bonus code"Notice of Hubei Provincial Department of Culture and Tourism"), requiring profit-making cultural and entertainment venues and business sites that had Internet access to suspend business. Even though shopping malls and various business premises in om88 casino bonus coder areas were not forced to close directly, m88 casino bonus codey suffered losses due to residents' avoiding going out and a reduction in customer flow. In this case, many real estate enterprises (Wanda, China Resources Land, Longfor, KWG Group Holdings, etc.) announced a rent reduction for m88 casino bonus codeir lessees. However, if m88 casino bonus code lessor(s) do not volunteer to reduce m88 casino bonus code rent, how can tenants make a claim for a reduction? We have studied this from a legal viewpoint and hope that m88 casino bonus code results will be helpful when dealing with rent disputes caused by m88 casino bonus code COVID-19.

I. Judicial Practice of Rent Reduction Disputes during SARS

SARS in 2003 was an infectious disease that affected m88 casino bonus code whole country, in m88 casino bonus code same way as m88 casino bonus code current COVID-19. For m88 casino bonus code main lessees of commercial properties in retail, catering, education and om88 casino bonus coder industries, m88 casino bonus codey have had a similar impact. Thus, SARS’s corresponding judicial practice provides great reference value. We have searched and analyzed cases nationwide in which tenants sued for rent reduction after m88 casino bonus code SARS period and summarize as follows.

a) m88 casino bonus code main reasons for m88 casino bonus code Court to support rent reduction during SARS were:

i.SARS was force majeure, so m88 casino bonus code rent was reduced according to law.¹

ii.m88 casino bonus code SARS epidemic was an unpredictable disaster. m88 casino bonus code economic losses caused by m88 casino bonus code suspension of business were objectively beyond m88 casino bonus code scope of market risk. m88 casino bonus coderefore, m88 casino bonus code rent could be reduced according to m88 casino bonus code principle of change of situation.²

iii.Both parties should bear m88 casino bonus code losses based on m88 casino bonus code principle of fairness (but in some cases, m88 casino bonus code courts failed to clearly explain m88 casino bonus code criteria of m88 casino bonus code principle of fairness).³

iv.SARS was a public health emergency. m88 casino bonus code lessee's business was suspended in accordance with m88 casino bonus code government's regulations, or its performance was affected as a result. m88 casino bonus coderefore, it was reasonable to reduce m88 casino bonus code rent as appropriate. However, in relevant cases, m88 casino bonus code courts did not explain m88 casino bonus code basis of m88 casino bonus code claim to reduce m88 casino bonus code rent as appropriate.⁴

v.m88 casino bonus code lessor shall reduce m88 casino bonus code rent according to m88 casino bonus code agreement between both parties.⁵

b) m88 casino bonus code main reasons for m88 casino bonus code Court not to support a rent reduction during SARS were:

i.m88 casino bonus code court held that SARS was not force majeure and that m88 casino bonus codere was no basis for supporting a rent reduction. However, none of m88 casino bonus code relevant court decisions explained m88 casino bonus code reasons why SARS was not force majeure.⁶

ii.Although SARS was force majeure, m88 casino bonus code losses caused by SARS were within m88 casino bonus code scope of normal business risks. However, none of m88 casino bonus code relevant court decisions explained why such losses were attributable to "normal business risks".⁷

iii.m88 casino bonus code claim for rent reduction during SARS exceeded m88 casino bonus code limitation of action.⁸

c) Case analysis

i.Most courts held that rent should be reduced during m88 casino bonus code SARS period, and m88 casino bonus code amount of rent reduction depended on m88 casino bonus code specific situation. (Among m88 casino bonus code nine cases in support of rent reduction during m88 casino bonus code SARS period, rents were judged to be exempted completely in four cases, by half in three cases, reduced according to m88 casino bonus code contract in one case and "reduced as appropriate" in anom88 casino bonus coder case.)

ii.m88 casino bonus code main reasons for supporting rent reduction during SARS were m88 casino bonus code principle of force majeure, m88 casino bonus code principle of change of situation and due to m88 casino bonus code parties’ agreement, which will be furm88 casino bonus coder analyzed below.

iii.A minority of courts did not support rent reduction for m88 casino bonus code reason that m88 casino bonus code epidemic was not force majeure, or m88 casino bonus code epidemic was a part of normal commercial risk despite force majeure. However, in m88 casino bonus code relevant judgments, m88 casino bonus code court did not make any furm88 casino bonus coder explanation on m88 casino bonus code reason why m88 casino bonus code epidemic was not force majeure and m88 casino bonus code losses caused by m88 casino bonus code epidemic were a "normal commercial risk".

II. Comparison between Force Majeure and Change of Situation

From m88 casino bonus code viewpoint of m88 casino bonus code above cases, to change rental terms in lease contracts when m88 casino bonus code performance of such lease contracts is affected by infectious diseases such as COVID-19 and SARS, m88 casino bonus code rules of force majeure or change of situation in relevant laws can be used as m88 casino bonus code basis of m88 casino bonus code claim. Here is our analysis.

a) Factors Necessary to Constitute Force Majeure

According to m88 casino bonus codeGeneral Principles of m88 casino bonus code Civil Law of m88 casino bonus code People's Republic of China(hereinafter referred to as" General Principles of m88 casino bonus code Civil Law"),General Provisions of m88 casino bonus code Civil Law of m88 casino bonus code People's Republic of China(hereinafter referred to as"General Provisions of m88 casino bonus code Civil Law"),Contract Law of m88 casino bonus code People's Republic of China(hereinafter referred to as"Contract Law") and om88 casino bonus coder relevant laws and regulations, force majeure means any objective circumstances which are unforeseeable, unavoidable and insurmountable; and no party shall bear civil liabilities arising from a failure to perform a contract or damage to a third party due to force majeure, unless om88 casino bonus coderwise stipulated by Law. m88 casino bonus codeInterpretation of General Provisions of m88 casino bonus code Civil Law m88 casino bonus code People's Republic of China⁹furm88 casino bonus coder explains m88 casino bonus code three necessary requirements of force majeure:

i.“Unforeseeable” means that m88 casino bonus code parties "generally have no ability to predict m88 casino bonus code occurrence of an event in accordance with m88 casino bonus code current technical level";

ii.“Unavoidable” means that m88 casino bonus code parties "have done m88 casino bonus codeir best", but "still can't avoid m88 casino bonus code occurrence of certain event";

iii.“Insurmountable” means that "all possible measures have been taken", but "m88 casino bonus code consequences caused by m88 casino bonus code event still cannot be overcome".

In terms of a lessee’s rent reduction request, we take m88 casino bonus code view in relation to m88 casino bonus code above three requirements that

i.For m88 casino bonus code requirement of "unforeseeable", we should judge whem88 casino bonus coder m88 casino bonus code parties could foresee m88 casino bonus code occurrence of infectious disease or similar events subjectively when m88 casino bonus codey carry out civil legal acts. Generally speaking, if m88 casino bonus code lease is signed after m88 casino bonus code date that m88 casino bonus code infectious diseases are officially announced and brought to m88 casino bonus code attention of m88 casino bonus code public, it does not meet m88 casino bonus code requirement of "unforeseeable". It is worth mentioning that at m88 casino bonus code end of 2019, m88 casino bonus code Wuhan Municipal Health Commission initially announced that "m88 casino bonus code epidemic situation is preventable and controllable, no obvious phenomenon of person-to-person spread of m88 casino bonus code epidemic was found, and no medical staff were infected". If m88 casino bonus code signature date on m88 casino bonus code lease was between m88 casino bonus code end of December 2019 when m88 casino bonus code news was announced, and m88 casino bonus code end of January 2020, both parties (except professionals or professional institutions) might have known about m88 casino bonus code occurrence of COVID-19, but it was difficult for m88 casino bonus codem to predict m88 casino bonus code severity of m88 casino bonus code epidemic, m88 casino bonus code release of subsequent administrative measures, and m88 casino bonus code impact of m88 casino bonus code above-mentioned situations on m88 casino bonus code lessee’s business. It may be controversial whem88 casino bonus coder m88 casino bonus code requirement of "unforeseeable" can be met.

ii.m88 casino bonus codere is no doubt that m88 casino bonus code outbreak of m88 casino bonus code epidemic and m88 casino bonus code release of m88 casino bonus code corresponding administrative measures cannot be avoided by both contracting parties objectively. m88 casino bonus coderefore, m88 casino bonus code requirement of being "unavoidable" is met.

iii.As for m88 casino bonus code requirement of “insurmountable”, we should judge whem88 casino bonus coder m88 casino bonus code parties have m88 casino bonus code reasonable possibility to overcome m88 casino bonus code impact of m88 casino bonus code epidemic and continue to perform m88 casino bonus code contract. It is worth considering that even if m88 casino bonus codere is an infectious disease, in m88 casino bonus code case of a mall still being open for business, m88 casino bonus code lessor is still performing its main contractual obligations on m88 casino bonus code surface (i.e. providing m88 casino bonus code leased premises), and it is possible for m88 casino bonus code lessee to perform its main contractual obligations (i.e. paying rent). What is affected by m88 casino bonus code force majeure is mainly m88 casino bonus code reasonableness of m88 casino bonus code contract price, that is, whem88 casino bonus coder m88 casino bonus code rent actually reflects m88 casino bonus code value of m88 casino bonus code leased premises.

In addition to m88 casino bonus code above requirements, we believe that Article 180 ofGeneral Provisions of m88 casino bonus code Civil Law, which stipulates that civil liability shall not be borne for failure to perform a contract due to force majeure, also emphasizes m88 casino bonus code direct causal relationship between m88 casino bonus code force majeure event and m88 casino bonus code failure to perform m88 casino bonus code contract. Even if infectious diseases like SARS and COVID-19 are identified as force majeure events, if m88 casino bonus codey only have an indirect impact on m88 casino bonus code performance of m88 casino bonus code lease contract, or only bring some inconvenience to m88 casino bonus code performance, m88 casino bonus codere is no direct causal relationship between m88 casino bonus code force majeure event and m88 casino bonus code non-performance of m88 casino bonus code contract, which is not in line with Article 180 ofGeneral Provisions of m88 casino bonus code Civil Law.

m88 casino bonus code civil judgment ((2017) Ji 04 Min Zhong No.441 by Liaoyuan Intermediate People's Court) mentions in Footnote 7 "although SARS was force majeure, m88 casino bonus code consequent losses were within m88 casino bonus code scope of normal business risk". Although m88 casino bonus code court did not clarify m88 casino bonus code reason, we think it intended to explain that m88 casino bonus codere should be a causal relationship between m88 casino bonus code force majeure event and m88 casino bonus code losses (om88 casino bonus coderwise, it is within m88 casino bonus code scope of "normal business risks", which are inherent in business activities, such as changes in supply and demand and price changes not reaching m88 casino bonus code level of abnormal changes according to m88 casino bonus codeGuiding Opinions of m88 casino bonus code Supreme People's Court on Several Issues concerning m88 casino bonus code Trial of Cases of Disputes over Civil and Commercial Contracts under m88 casino bonus code Current Situationeffective as of 2009). Although m88 casino bonus codeNotice of m88 casino bonus code Supreme People's Court on Effectively Conducting Trial and Execution Work according to Law During m88 casino bonus code Period of Prevention and Control of Contagious Severe Acute Respiratory Syndrome(being effective from June 11, 2003 to April 18, 2013) (hereinafter referred to as m88 casino bonus code"Notice of m88 casino bonus code Supreme People's Court") has been repealed, it demonstrated m88 casino bonus code Supreme People's Court’s opinion that, "disputes arising fromm88 casino bonus code failure of contract performance directly causedby m88 casino bonus code adoption of administrative measures for m88 casino bonus code prevention and treatment of SARS of m88 casino bonus code government and authorities concerned orm88 casino bonus code fundamental failure of m88 casino bonus code parties to perform m88 casino bonus code contractdue to m88 casino bonus code impact of m88 casino bonus code SARS epidemic shall be properly handled in accordance with m88 casino bonus code provisions of Article 117¹⁰and Article 118¹¹of Contract Law of m88 casino bonus code People's Republic of China." Article 117 and Article 118 are m88 casino bonus code relevant provisions of force majeure. We also note that m88 casino bonus code Liaoning High People's court refused to determine that m88 casino bonus code termination of m88 casino bonus code contract was caused by force majeure, on m88 casino bonus code grounds that m88 casino bonus code SARS epidemic and m88 casino bonus code notice of stopping wildlife business issued by m88 casino bonus code relevant government departments only affected part of m88 casino bonus code lessee's business activities, which was not enough to cause m88 casino bonus code "direct" or "fundamental" non-performance of m88 casino bonus code lease contract.¹²

In m88 casino bonus code period of this COVID-19 epidemic, if m88 casino bonus code premises are placed in forced quarantine or m88 casino bonus code shops are forced to close (according to m88 casino bonus codeNotice of Hubei Provincial Department of Culture and Tourism, for example), we think that for such tenants, m88 casino bonus codeir lease contracts cannot be performed at all, and m88 casino bonus codere is a direct causal relationship between m88 casino bonus code performance failure and m88 casino bonus code force majeure event, causing m88 casino bonus code legal effects stipulated by m88 casino bonus code force majeure provisions. But for those tenants who have not been forced to suspend business and who may still operate m88 casino bonus codeir shops, whem88 casino bonus coder m88 casino bonus codey can directly claim for rent reduction based on m88 casino bonus code occurrence of force majeure events in m88 casino bonus code absence of m88 casino bonus code agreement needs to be analyzed in combination with m88 casino bonus code specific circumstances of m88 casino bonus code performance of m88 casino bonus code relevant lease contracts.

Finally, Article 107 of m88 casino bonus codeGeneral Principles of m88 casino bonus code Civil Law, Article 180 of m88 casino bonus codeGeneral Provisions of m88 casino bonus code Civil Lawand Article 117 of m88 casino bonus codeContract Lawonly stipulate "no party shall bear civil liabilities" but does not entitle m88 casino bonus code contracting parties m88 casino bonus code right to change m88 casino bonus code contract. It is controversial whem88 casino bonus coder m88 casino bonus code lessee can claim for a change of m88 casino bonus code rental terms on m88 casino bonus code legal basis of force majeure.

b) Application of Change of Situation

Article 26 of Interpretation II ofm88 casino bonus code Supreme People's Court of Several Issues concerning m88 casino bonus code Application of m88 casino bonus code Contract Law of m88 casino bonus code People's Republic of China, issued in 2009, sets out m88 casino bonus code clause relating to situation change: “Where any major change which is unforeseeable when m88 casino bonus code parties enter into a contract, is not a business risk and is not caused by force majeure occurs after m88 casino bonus code formation of m88 casino bonus code contract, if m88 casino bonus code continuous performance of m88 casino bonus code contract is obviously unfair to one party or m88 casino bonus code purposes of m88 casino bonus code contract cannot be realized, and a party request m88 casino bonus code people's court to modify or rescind m88 casino bonus code contract, m88 casino bonus code people's court shall decide whem88 casino bonus coder to modify or rescind m88 casino bonus code contract under m88 casino bonus code principle of fairness and in light of m88 casino bonus code actualities of m88 casino bonus code case.”

m88 casino bonus code conditions for applying m88 casino bonus code above Article are:

i.m88 casino bonus codere must be events that change m88 casino bonus code situation, that is, m88 casino bonus code objective circumstances which are m88 casino bonus code basis for m88 casino bonus code execution and performance of m88 casino bonus code contract, have indeed changed.

ii.m88 casino bonus code occurrence of m88 casino bonus code changed situation shall be unforeseeable by m88 casino bonus code parties and is not a normal business risk.

iii.m88 casino bonus code occurrence of m88 casino bonus code changed situation cannot be attributed to both parties.

iv.m88 casino bonus code changed situation occurs after m88 casino bonus code establishment of m88 casino bonus code contract and before m88 casino bonus code completion of performance.

v.m88 casino bonus code risk degree is far beyond a normal person’s reasonable expectation, and m88 casino bonus code risk cannot be prevented and controlled.¹³It will be unfair to one party if m88 casino bonus code relevant contract terms continue to be performed.¹⁴

Paragraph 3, Article 3 of m88 casino bonus codeNotice of m88 casino bonus code Supreme People's Courtstipulates that "cases involving disputes of contracts under which, due to m88 casino bonus code SARS epidemic, one party’s rights and interests will be affected greatly if m88 casino bonus code original contract is performed, may be handled in accordance with m88 casino bonus code principle of fairness and m88 casino bonus code specific situation." Generally speaking, m88 casino bonus code principle of fairness is also m88 casino bonus code legal basis of m88 casino bonus code principle of change of situation.

Professor Han Qiang wrote inA Study on m88 casino bonus code Typology of m88 casino bonus code Principle of Change of Situation:"m88 casino bonus code consequences of epidemic diseases are more m88 casino bonus code difficulties of contract performance due to m88 casino bonus code change of market environment caused by epidemic diseases than m88 casino bonus code failure of contract purpose. For example, at m88 casino bonus code beginning of m88 casino bonus code outbreak of influenza A (H1N1), m88 casino bonus code state announced that traveling to Mexico was forbidden. At that time, m88 casino bonus code parties may terminate m88 casino bonus code travel contract because m88 casino bonus code purpose of m88 casino bonus code contract could not be achieved due to force majeure. However, if m88 casino bonus code tourism market shrinks due to m88 casino bonus code epidemic disease, which makes m88 casino bonus code hotel tenants unable to operate m88 casino bonus code hotel normally, it shall be regarded as a situation of difficult performance. In m88 casino bonus code face of such situation, it is obviously improper that for m88 casino bonus code judicial interpretation to exclude force majeure from m88 casino bonus code application scope of m88 casino bonus code principle of change of situation. m88 casino bonus code only way to make up for this legal loophole is for m88 casino bonus code judge to bring m88 casino bonus code difficult performance caused by force majeure into m88 casino bonus code adjustment scope of m88 casino bonus code principle of change of situation through m88 casino bonus code interpretation of m88 casino bonus code principle of good faith¹⁵."¹⁶Professor Wang Liming also believes that m88 casino bonus code difficult performance of m88 casino bonus code contract caused by m88 casino bonus code sudden outbreak of SARS is unforeseeable for m88 casino bonus code parties of m88 casino bonus code transaction, and m88 casino bonus code risk of m88 casino bonus code outbreak of SARS may be attributed to m88 casino bonus code scope of change of situation.¹⁷

For most tenants who have not been forced to suspend business during m88 casino bonus code COVID-19 epidemic period, although m88 casino bonus code lease contracts have not reached m88 casino bonus code point of fundamental impossibility of performance, due to m88 casino bonus code sharp decrease of customer flow and m88 casino bonus code lessees’ income, it is obviously unfair for m88 casino bonus code lessees to continue to perform m88 casino bonus code rental terms of m88 casino bonus code original lease, or m88 casino bonus code lessees may have difficulties in performing m88 casino bonus code contract. We believe that for such tenants, it may be more persuasive to advocate that m88 casino bonus code COVID-19 epidemic constitutes a change of situation and furm88 casino bonus coder claim for rent exemption.

However, we would like to draw m88 casino bonus code readers’ attention to m88 casino bonus code fact that according to m88 casino bonus codeGuiding Opinions of m88 casino bonus code Supreme People's Court, to avoid affecting m88 casino bonus code normal order of market transactions, m88 casino bonus code people's courts are quite cautious about applying m88 casino bonus code principle of change of situation, and such application in individual cases shall be reviewed by m88 casino bonus code High People's Court (and even m88 casino bonus code Supreme People's Court if necessary)¹⁸. Compared with m88 casino bonus code legal remedy of force majeure which is to exempt m88 casino bonus code liabilities for breach of contract, m88 casino bonus code legal remedy of change of situation depends on contract modification, which depends more on m88 casino bonus code negotiation of both parties or m88 casino bonus code judgment of m88 casino bonus code dispute settlement organization and is more uncertain.

III. Summary and Suggestions

To sum up, from m88 casino bonus code perspective of legal m88 casino bonus codeory, we tend to think that m88 casino bonus code force majeure rules stipulated by relevant laws can be applied to tenants whose business has been forced to suspend according to m88 casino bonus code policies which lead to m88 casino bonus code fundamental impossibility of m88 casino bonus code performance of m88 casino bonus code lease contract, and that m88 casino bonus code lessees can be exempted from m88 casino bonus code obligation of paying rent; for tenants whose business has not been forced to suspend but has been greatly affected by m88 casino bonus code epidemic, we tend to think that m88 casino bonus codey can claim for a modification of m88 casino bonus code contract to reduce rent based on m88 casino bonus code relevant laws and regulations of m88 casino bonus code change of situation. However, from a practical perspective, m88 casino bonus code courts have always been cautious about m88 casino bonus code application of m88 casino bonus code principle of change of situation. It remains to be seen whem88 casino bonus coder such an attitude will be changed under this COVID-19 epidemic situation.

Based on m88 casino bonus code above analysis, our suggestions for signed lease contracts are as follows:

i.Check m88 casino bonus code force majeure clause, m88 casino bonus code rent reduction clause and om88 casino bonus coder terms in m88 casino bonus code lease contract to find out m88 casino bonus code contractual basis for claiming an adjustment / non-adjustment of rent.

ii.Both lessors and lessees shall promptly take control measures to prevent infectious diseases and notify m88 casino bonus code om88 casino bonus coder party, minimizing m88 casino bonus code impact of m88 casino bonus code control measures on m88 casino bonus code operation in m88 casino bonus code relevant leased premises (i.e. self-reliance).

iii.m88 casino bonus code lessees who pay fixed rent (or turnover rent or fixed rent, whichever is higher) shall pay attention to save all evidence showing a sharp decrease of m88 casino bonus code relevant operating income.

iv.Lessees shall request lessors to reduce m88 casino bonus code rent as soon as possible, and shall avoid making such a request after m88 casino bonus code time limit of rent payment has expired and m88 casino bonus codey have already underpaid m88 casino bonus code rent in part or in whole.

v.If m88 casino bonus code parties fail to reach an agreement on rent reduction, lessees shall claim m88 casino bonus code right in om88 casino bonus coder ways in a timely manner. Although m88 casino bonus code limitation of action for m88 casino bonus code delay and refusal of rent payment underGeneral Principles of m88 casino bonus code Civil Lawis one year, according to Article 188 ofGeneral Provisions of m88 casino bonus code Civil Law, such limitation under m88 casino bonus code COVID-19 epidemic situation should be three years.

vi.Based on our observations, during m88 casino bonus code period of SARS, m88 casino bonus code state and some local governments issued policies¹⁸reducing m88 casino bonus code relevant taxes on m88 casino bonus code rental income of some tenants, reducing m88 casino bonus code tenants’ rent for those who lease state-owned operational premises or allowing m88 casino bonus codem to postpone payment. Both leasing parties (especially m88 casino bonus code lessees of m88 casino bonus code state-owned operational premises) are advised to pay attention to m88 casino bonus code relevant policies, and save lease and income statements during m88 casino bonus code epidemic period and m88 casino bonus code same period of last year, so as to apply for fee exemption or postponement in m88 casino bonus code future.

In m88 casino bonus code future, when negotiating a lease contract, we suggest that both leasing parties consider reaching an agreement on m88 casino bonus code rent adjustment terms when m88 casino bonus code customer flow is greatly reduced. Although such terms depend on m88 casino bonus code parties’ flexibility and may be relatively difficult (for example, lacking in detail, m88 casino bonus code period or range of rent adjustment, etc.), but at least it leaves m88 casino bonus code parties a contractual basis for negotiation and adjustment in case of emergencies, which is helpful in avoiding disputes.

1.(2018) Jin 04 Min Zhong No. 2272 Civil Judgment by Changzhi Intermediate People's Court.

2.(2018) Lu 06 Min Zhong No. 268 Civil Judgment by Yantai Intermediate People's Court; m88 casino bonus code legal basis is Article 26 ofInterpretation II of m88 casino bonus code Supreme People's Court of Several Issues concerning m88 casino bonus code Application of m88 casino bonus code Contract Law of m88 casino bonus code People's Republic of China (see Paragraph 1, Part 2b).

3.(2007) Gui Min Si Zhong Zi No. 1 Civil Judgment by Intermediate People's Court of Guangxi Zhuang Autonomous Region, (2004) Hu Er Zhong Min Er (Min) Zhong Zi No. 354 Civil Judgment by Shanghai No. 2 Intermediate People's Court, (2008) Luo Min Zhong Zi No. 2021 Civil Judgment by Luoyang Intermediate People's Court; m88 casino bonus code legal bases are Article 4 of General Principles of m88 casino bonus code Civil Law, ” In civil activities, m88 casino bonus code principles of voluntariness, fairness, making compensation for equal value, honesty and credibility shall be observed.” and Article 5 of Contract Law, ”m88 casino bonus code parties shall adhere to m88 casino bonus code principle of fairness in deciding m88 casino bonus codeir respective rights and obligations.”.

4.(2004) Hu Yi Zhong Min Er (Min) Zhong Zi No. 32 Civil Judgment by Shanghai No. 1 Intermediate People's Court, (2006) Fo Zhong Fa Min Er Zhong Zi No. 5 Civil Judgment by Foshan Intermediate People's Court, (2008) Shao Zhong Min Yi Zhong Zi No. 143 Civil Judgment by Shaoxing Intermediate People's Court

5.(2014) Xia Min Chu Zi No. 275 Civil Judgment by Xiamen Intermediate People's Court

6.(2004) Hu Yi Zhong Min Er (Min) Zhong Zi No. 1289 Civil Judgment by Shanghai No. 1 Intermediate People's Court, (2005) Sanya Min Yi Zai Er Zi No. 7 Civil Judgment by Sanya Intermediate People's Court

7.(2017) Ji 04 Min Zhong No.441 Civil Judgment by Liaoyuan Intermediate People's Court

8.(2011) Bai Min Chu Zi No. 107 Civil Judgment by m88 casino bonus code People's Court of Baixia District Nanjing

9.Edited by Li Shiqi, Director of m88 casino bonus code Legislative Affairs Commission of m88 casino bonus code Standing Committee of m88 casino bonus code National People's Congress, Law Press, April 2017.

10.Article 117 of Contract Law sets out that ”A party who is unable to perform a contract due to force majeure is exempted from liability in part or in whole in light of m88 casino bonus code impact of m88 casino bonus code event of force majeure, except om88 casino bonus coderwise provided by law. Where an event of force majeure occurs after m88 casino bonus code party's delay in performance, it is not exempted from such liability.

Force majeure under this Law means any objective circumstances which are unforeseeable, unavoidable and insurmountable.”

11.Article 118 of Contract Law sets out that “If a party is unable to perform a contract due to an event of force majeure, it shall timely notify m88 casino bonus code om88 casino bonus coder party so as to mitigate m88 casino bonus code losses that may be caused to m88 casino bonus code om88 casino bonus coder party, and shall provide evidence of such event of force majeure within a reasonable period.”

12.(2013) Liao Shen Er Min Kang Zi No. 14 Civil Judgment by Liaoning High People's Court.

13.Paragraph 3, Article 1 of Guiding Opinions of m88 casino bonus code Supreme People's Court.

14.Cao Shouye, Understanding and Application of Circumstance Changes in m88 casino bonus code SPC's Interpretation of Several Issues of Contract Law（Ⅱ）, Journal of Law Application, Vol. 8, 2009.

15.Professor Han Qiang also mentioned in his article that m88 casino bonus code principle of change of situation is to adjust or even terminate contracts in response to m88 casino bonus code changed objective facts, so as to maintain fairness and justice in good faith.

16.Han Qiang,A Study on m88 casino bonus code Typology of m88 casino bonus code Principle of Change of Situation, Chinese Journal of Law, Vol. 32, 2003.

17.Han Shiyuan,Force Majeure, Change of Situation and Termination of Contract,Journal of Law Application, Vol. 11, 2014.

18.Notice of m88 casino bonus code Supreme People's Court on Correctly Applying m88 casino bonus code Interpretation II of Several Issues concerning m88 casino bonus code Contract Law of m88 casino bonus code People's Republic of China So As to Serve m88 casino bonus code Primary Objectives of m88 casino bonus code Party and m88 casino bonus code State (effective as of April 27, 2009).

19.Such as Notice of m88 casino bonus code Ministry of Finance and m88 casino bonus code State Administration of Taxation on Relevant Tax Policies Concerning Prevention and Control of SARS Epidemic in Beijing, Notice of Beijing Municipal Administration of State Land, Resources and Housing on Relevant Issues of Reduction of House Rent during m88 casino bonus code SARS Epidemic Period, Notice of Hangzhou Municipal People’s Government on Several Policies of Reducing m88 casino bonus code Impact of SARS to Some Industries in Our City, Notice of Ningbo Municipal People’s Government on m88 casino bonus code Adoption of Support Policies for Some Industries during m88 casino bonus code Period of Preventing and Controlling SARS Epidemic, Notice of People’s Government of Luohu District’s Issuance of Specific Measures for Helping Hotels, Restaurants, Entertainment Enterprises, Travel Agencies and Om88 casino bonus coder Service Enterprises to Reduce m88 casino bonus code Operation Difficulties Caused by SARS.