Study On The Foreseeable Rule In The Contract

The foreseeable rule can be traced back to the 1840 "French Civil Code", later adopted by all countries, has become an significant method to limit the scope of compensation for breach of contract. Moreover, in different national legislation or legal precedent, the basic set of the foreseeable rules and basic theory of the provisions are there is a big difference. But the purpose of the rule in the world is the same, is to limit the scope of damages for breach of contract. The contract law of the People’s Republic of China although the predictability of the rules stipulated, but due to lack of experience, China’s theoretical research on the rule is not thorough, legislation is not clear, the judicial practice. Therefore, it is necessary to in-depth inquiry for the relevant provisions of the foreign, relationship and analysis of the rules and similar with civil law system, and sums up the current our country may foresee rules exist problem and improve the direction.So to in-depth analysis of cutting-edge research, especially the French law and the common law of the foreseeable rules, and similar to the contrast in German law and the equivalent causality, based on the analysis of the foreseeable rules of the inadequacies, and give improvement suggestions. The structure of this paper is divided into five parts according to the specific content of the research:The first chapter analysis of the applicable rules of the foreseeable rule. This chapter analyzes the existing different views from four aspects: the main body, time, content and standard, and puts forward the views on the controversial issues.In the second chapter, it is the main factors that influence the foreseeable rules. In the process of application, the identity of the parties, the price of the transaction, the performance of the contract and the performance of the contract may affect the scope of compensation.The third chapter makes a comparative analysis of the theory of the foreseeable rule and the theory of causality in Germany. Germany adopted the equivalent causality theory limit the scope of compensation for damages, not use the foresighted rule, undeniable is equivalent causality theory is not perfect, many defects, the and predictability of the rules in effect have similarities, but the two also in difference.Chapter four Analysis of the foreseeable rules under what circumstances preclude the application of this rule. Foreseeable rules breach liability while ensuring fairness, but also higher than the limited freedom of contract value of other legislation. Meanwhile, in the case of fraud and willful default is to exclude the application foreseeable rules.Chapter five gives Suggestions on the improvement of the foreseeable rule in our country. In our country, the rule of predictability is also established, but in practice there are still some problems, which need to be perfected in the legislation and judicial practice, which are combined with the actual situation of our country. Among them, the applicable standards of the the foreseeable rules, the applicable scope of the limitation of the foreseeable rules, the introduction of the information disclosure of the injured party and the increase of the discretion of the judges are included.