Research On Impairment Rules

Damages to compensate all damage actually suffered by the client for the principle, for the purpose of fully safeguard the interests of the victim. Impairment rules as a for damages to the rule of legal restrictions, the determination of amount of compensation for damages in plays a vital role. Developed from Anglo-American common law impairment rules, has been admitted by national legislation and jurisprudence and accepted and adopted. The regulation of our country about the derogation rules embodied in the "general principles of the civil law" article 114 and article 119 of the "contract law", but the regulations are principles and summary, need to be embodied in the practice. This article through the elaboration of impairment rules meaning, origin, nature and theoretical basis, combination with economics analyses impairment measures the rationality of the judgment standard and analyzes several main impairment measures, mainly discusses the impairment rules applicable in the relationship with other several legal system and to determine the effects of damages, enumerate the specific example is given to illustrate the derogation rules in practice, advances some Suggestions on the perfection of impairment rules, trying to detract from the rules in our country to offer reference to the theory development and practical application.