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On The Contract Law Rules In The Foreseeable

Posted on:2012-11-25Degree:MasterType:Thesis
Country:ChinaCandidate:P KangFull Text:PDF
GTID:2166330338950383Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In this paper, the field of contract law rules are of predictable. Predictable rules, is for breach of contract, one party to the other party for damage caused to the party in breach only when the parties could have foreseen or should have foreseen the losses caused by breach of contract responsible for compensation, beyond the range expected no compensation for losses. Predictable rules to be cut one way causal chain, is the principle of full compensation for contract law restrictions.The article is divided into four parts. The first part, mainly on the general question of predictable rules are introduced, mainly on the definition of predictable rules, and the theoretical basis of the analysis and the development of predictable rules do sort of history focuses on the rules that can be expected in France The establishment of law and in English law during the development and maturity. The second part of the basic structure of foresight been studied. Subject from the predictable, foresee the time, predictable content, determine the standard expected of four aspects, has been kept in the analysis and comparison of results of research into, based on the analysis and comparison, and made their own judgments. The third part mainly summarizes and analyzes the rules applicable in the foreseeable constraints. The fundamental rules of constraints can be pre-causal, predictable rules exist and are based on cause and effect relationship for the basis and premise, so the first is the causal and predictable relationship between the rules were discussed. Second is the practical application of legal provisions and predictable rules on a summary of the restrictions, predictable rules apply to the exclusion situations were summarized and analyzed. The fourth part discusses the development and improvement should be how to contract law rules on the predictable, this part is the focus of the study focuses on predictable rules of the inadequacies and improve the proposed legislation.
Keywords/Search Tags:predictable rules, damages, breach of contract, restrictions and exclusion
PDF Full Text Request
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