A ROMAN LAW PERSPECTIVE ON SUPERVENING EVENTS IN CHINESE CONTRACT LAW

This study is situated within the "Schipani School", a legal research school of thought that emerged in the late 1980s following China’s legal and economic opening. It examines the evolution of force majeure and the doctrine of change of circumstances in Chinese civil law, tracing their conceptual roots to Roman law – particularly the assessments of vis maior by pre-classical and classical jurists. The concept of vis maior is developed through a terminological reflection based on sources from the Digest of Justinian, within the framework of the distinction between risk allocation and exemption from liability. This Roman law perspective serves as a lens for analyzing Chinese civil law, seeks to uncover the principium of today’s private law concepts and institutions. By drawing on primary sources in Chinese, the research attempts to illuminate the interplay between legal tradition, judicial practice, and broader socio-economic developments, culminating in China’s 2020 Civil Code. The discussion also underscores the methodological approach of the “Schipani School”, emphasizing the dynamic role of jurists in shaping legal thought across historical and cultural contexts.