On The Predictability Of Liability For Breach Of The Rules Applicable

The completely compensation of loss receives which to the victim is a basic principle which the law of contract and the right infringement law should follow. In order to protect breaks a contract Fang He to infringe upon the right human's benefit, but the foresighted rule has carried on some kind of degree revision to this principle. Practices from the various countries' legislation looked, in law of contract domain, but the foresighted rule is the determination breaks a contract the side compensation scope and the compensation amount important rule, at the same time this rule also is in the individual country right infringement legislation can be established. This article 113th replies to each point in turn take our country law of contract may the foresighted rule stipulation as a foundation, take mainland national as well as British and American legal system and so on legal system France, Japan England, the American country correlation legislation as the reference standard, at the same time gives dual attention to in the right infringement responsibility to be possible the foresighted rule related stipulation, comes up the discussion from two stratification planes to be possible the foresighted rule basic meaning. Then carry on the thorough discussion to may the foresighted rule suitable condition, elaborated our country to be possible with emphasis the foresighted rule suitable main body condition, the time, the scope and the degree four aspects condition; But foresighted rule and correlation rule relations. In article final, the article also elaborated when is suitable this rule, must pay attention to it to limit and the condition to exclude.