Research On The Foreseeable Rule In The Contract

The rule of foreseeable originated in France in the 16 th century,and then rose in Britain and the United States.It is a common rule in civil law system and common law system.Its function is to limit the scope of damages for breach of contract,so that the defaulting party can be freed from the unforeseen or unforeseen losses.This rule was first introduced into the field of contract law in 1999,and it is still used in article584 of the civil code.Its legislation is more general and simple,following the example of most countries in the world.In China’s judicial practice,this rule is seldom used.On the one hand,the specific application standard of foreseeable is not clear in practice,and there is a deviation in application compared with other countries;on the other hand,the judicial circle’s cautious attitude towards the compensation for the available interests makes it more applicable to the "certainty rule",which directly negates the compensation for the possible foreseeable damage,and the rule of foreseeable is lost It can be used essentially.In order to solve this problem,we should sort out the historical origin of the rule of foreseeable in France and the United States,clarify the development track of its applicable standards,and explore its legitimacy basis in different countries.At the same time,we can compare the rule of foreseeable with the equivalent causality in German law,explore the independent value and advantages of foreseeable,and learn from the beneficial results of "equivalence".Through the above carding and comparison,we can provide the basis and reference for the establishment and improvement of judicial standards of foreseeable rules in China.According to the research content,this paper is divided into three parts:The first part combs the historical origin of the rule of foreseeable.It includes the origin,development and perfection in different countries,as well as the different theories of the origin of legitimacy.This paper mainly focuses on France,the United Kingdom and the United States,as well as international legislation to learn from this rule,to understand the fundamental differences and reasons of the application of the rule in the civil law system and the common law system,and finally to explore the reasonable basis of the application of the rule of foreseeable in China.The second part compares the foreseeable rule with the German equivalent causality system.By exploring the applicable standard of "equivalence",we can understand the similarities and differences between "equivalence" and "foreseeable" in terms of purpose,function,applicable standard,etc.,clarify the differences between the two sides in terms of applicable situation and effect,provide reference for better improving the rule of foreseeable,and respond to the discussion on the existence and abolition of the rule of foreseeable in China.The third part explores the applicable standards of the rule of foreseeable in judicial practice.Starting from the five elements of foreseeing subject,foreseeing time,foreseeing object,foreseeing degree and exclusion,this paper tries to understand the deviation and reasons of applicable standards in China from the comparison between applicable standards in other countries and those in China,and tries to seek solutions.