The Predictable Rule Of The Contract Law

Predictable rules known as reasonably foreseeable principle, it means as damages for breach of the restrictions, in national and international legislation has been widely adopted, but the specific understanding of the rules and setting, they vary between countries. The paper reviewed the history and predictable rules of the relevant national and international legislation on the basis of comparative analysis, analysis of the rules of contract law, the status of this field and actual, on the basis of the research, analysis, to study more mature and rational theoretical and practical experience, the combination of theory and practice. China raised and predictable rules of contract law in the legislative and judicial levels to further improve the concept.The first part of the rules may have unforeseen development, a brief history of the evolution of the recall. highlight the historic related to the case and its impact on future generations; Secondly, as one of the principles of predictable rules and related rules for compensation made, to pass the relevant comparisons to identify the nature of the rules. The second part is predictable rules of law, Through civil law and common understanding of the different rules and predictable France, Italy, Japan, Britain, the United States as the relevant legislation, the Enlightenment to explore the different perceptions on this issue. it can provide an example for China's legislative and theoretical discussions.The third part is predictable rules of the basic contents of the theoretical analysis in this section, Analysis of the scope of application of the rules and conditions can be predicted and predictable as the main principles of the specific elements of that time. standards and so on, and conducting a comparative analysis, a representative of the various theories are presented and analyzed, and compared them. the authors consider the more appropriate perspective.The fourth part of our rules of contract law in the foreseeable thinking Through our predictable rules and the development of the presentation and analysis of the status quo, judicial and legislative aspects of our predictable rules for the analysis and evaluation This confirms the established rules of contract law is a big step forward in the technical and legislative development However, due to the relative timing of the legislation and ineffective rules, the accumulation of practical experience in the judiciary lacks Therefore, be it legislative or judicial level are advised to make further improvement, therefore, the authors believe that Judicial experience accumulated shortfall in the current circumstances, there should be legislation to clear the main provisions of the standards expected. Under different circumstances different from the "foreseeable time" means to guide judicial practice, and the common law in the administration of justice from the judicial trial mature trial experience we have accumulated experience and developed a shortcut. In addition to the criteria used in the foreseeable higher standards, as well as the reality of a better choice.