On The Basic Restriction Of The Scope Of Contract Damage

The problem of the scope of contract damage is the central issue of breach of contract ,which relates to achievement of the system target. In determining the scope of contract damage, there can be divided into principle of full compensation and the principle of limited compensation.However, due to adopting the principle of full compensation is easy to expand the scope of damage, which is not conducive to balance the interests of both parties and encourage to contract, so even the legislation adopted this principle actully exists restriction too. Among the restrictions expressly provided and actully exist,the basic restriction of the scope of damage is in fundamental position and applicating universally.Because of the differences in legislation background and compensation principle among the countries, different restriction models are adopted. Specifically speaking, German law adopt adequate cansation theory, compatible with the principle of full compensation, which can be named"the causation doctrine"approach; France and the Anglo-American law adopt foreseeablity rule, the scope of damage depending on whether breaching party could foresee the occurrence of damage , which is"the doctrine of autonomy"structure. The two models are the most important and widespread restriction model. This article will make macro-level thinking on the level of basic restriction. This article comprises introduction, body and conclusion.The body of this article can be divided into five parts:In the first part, the author mainly introduces the meaning of the basic restriction of the scope of contract damage,as well as its theoretical foundation and logical basis. The author introduces its meaning by studying the damage of breach of contract among countries.And then its theoretical foundation and ideological trend will be discussed to justify the basic restriction. Then, this section discusses its logical basis,namely,how to structure logically.In the second part, the author analyzes and discusses the structure and development of adequate cansation model.The author's review will be raise then in order to provide some sunmmary and inspiration for legislation.Firstly, the author discusses the division of causation and adequate cansation, then introduces the criteria for determining adequate cansation and analyzes its elements.After introducing the development of adequate cansation theory, the author will propose the review on the division of causation and the abstract of adequate cansation.In the third part, the author analyzes and discusses the practices and theories of foreseeablity model. The author firstly introduces the institution practice of foreseeablity in France, Britain and the United States,and analyzes it comparatively.Then the author studies on the application of foreseeablity and finally introduces the reviews and proposals of British and American scholars.In the fourth part, the author makes comprehensive analysis of the basic restriction of the scope of contract damage. The author firstly makes comparative analysis of the above two restriction models,and then introduces the other models for comprehensive reference. Finally, the author makes comparative analysis of basic restriction of the scope of damage between the tort and contract.In the fifth part, the author analyzes and cards the basic restriction of the scope of contract damage in Chinese law,then proposes the path of theory development.The author firstly cards Chinese existing basic restriction instruments,and then confirms them by studying on actual cases.Then the author makes interpretation of Paragraph1,Article113, Contract Law of the People's Republic of China on the basis of actual cases study. On this basis, the author proposes the path of theory development.