On Rules Of Foreseeability

Rules of foreseeability are set up progressively with development of legal system of creditor's rights. in the field of constantly developed contract law, start from the need to the factors in many aspects, such as fair, the morals and social efficiency, etc., one kind restricts to arise at the historic moment rationally, this is a so-called reasonable and predictable rule rationally. this text is tried promptly to be passed to predicting the regular research on legislate and the theory origin rationally, come to probe into this rule development and perfection on our country's legal system. the introductory song of article is a part of the preface, which make a bright purpose, through predicting the historical background that the rules of foreseeability produces, draw the purport of this text and play a role in touching briefly on the essentials.Chapter One: The Regular Legislative Example And Appraise Of The Rules. Through Legislative Introduction Of Each Country, Regional Such As France, U.S.A., Japan, Italy, Macao, Etc. And , < Europe Contract Law Principle>, Also After In Quoting As Proof Study Circle To Predicting Theory After The Regular Synthesis Observes Rationally Every National Law, Then The Author Have Put Forward One's Own View Directly. Rules Of Foreseeability Having Strength In Contract Law Is Not Only Because Its Rationality Help To Settle The Problem Of Compensation For Damage, But Also Help To Relieve The Cold And Stiff In What Responsibility Produce .It Is Favorable To Make The Law Tend To Balanced The Middle One In The Right, Thus Enable Having One Of Someone Quality Ization Even More In The Course Of Dealing With On The Basis Of Party's Both Sides' Desirable Contract Responsibility Set Up.Chapter Two: The Regular Pursuit Intention Of The Rules Is To Explain The Theoretical Foundation That This Rule Is Produced And Legal Principles That Are Agreed With Mainly. In Brief, Rules Of Foreseeability Are The Asking And Embody Directly Inevitably Of A Fair Principle And A Free Principle Of The Contract Law .The Purpose Which The Rules Pursuit Is To Avoid Trade Risk And To Prevent From Dispute During The Privates, Then Get Up The Good Social Effect Which Promote Trade.Chapter Three: The Relationship With The Relevant Problem. It Is From The Detailed Comparison Between This Rule And Complete Principle Of Compensation Carries The Causality, Fault, And Etc. Relevant Legal Problems. Setting Up The Rules To Limit The Complete Compensation Rule Rationally Are Just Because Available Interests Have Relatively Uncertain And For Preventing And Aggravate Debtor Responsibility And Condemning Behavior That Harm Others To Benefit Oneself. At The Same Time The Rules And The Legal Causality Are Regarded As The Same Location Steps On Playing A Role In Restricting To Compensate Ranges With Analogizing To Causality. But Because The Essential Differences Of The Two, Thus The Last Rule Only Has Its Independent Legal Status, And Unsubstituted Legal Function Which Is More Emphasized Than Before.Chapter Four: The Concrete Content Of The Rules. The Predicting Subject, The Predicting Abstract Subject, The Predicting Been From Predicting For Subject Time, Predicting Content Which Are The Four Pieces Technical Indicate Respect Also Explain And Analyze The Composition Important Document Of The Rules. It Is Concludes Through The Comparison That The Concrete Content Of The Rules In Our Country Contract Laws Should Have Been: The Subject Predicted Is A Delinquent Party; Time That Predict While Contracting; The Content Predicted Is A Variety That Is Harmed.Chapter Five: Several Questions Of The Rules In Being Concrete And Suitable In Our Country. It Is The Key Content Of This Text. Trough Comparing Various Countries Law About Some Predicting Regular Rules, The Author Concludes Some Questions Of The Rules, Which Exist At Present In Our Country. This Is Also The Realistic Meaning Of The Text: On The Practice In The Future, At First Deny Fo...