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Breach Of Contract Damages In Compensation For The Foreseeable Rules

Posted on:2007-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:S S ChenFull Text:PDF
GTID:2206360185972450Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The Civil Law in most of the countries around the world has been paying much attention to the remedies for breach of contract. The scholars have been feeling perplexed in how to ascertain the scope of the compensation of the damages, where should be compensated and where shouldn't be compensated. Therefore, all the countries are seeking ways to define the scope of the remedies of the compensation. The foreseeable regulations have been confirmed as the restriction resort of the compensation of the damages in the Contract Law in China. This article discusses from five parts.The first part is an introduction. The countries in the continental law system and the Britain and American Law System all claim full-compensation principle as the topmost guidance principle. But its academic significances are bigger than its practical significances. If we absolutely executed this principle, it could result in a plight. Therefore, most of the countries have made proper restrictions for the full-scale compensation principle in the practices and used many restrictive resorts, and the foreseeable regulation is one of the most widely used restrictive ways.The second part is concerned with the introduction to the legislative cases for the foreseeable regulations around the world. This part tells us that the foreseeable regulation begun with the old Roman times, established fundamentally in French Civil Law, and became maturely eventually by the institution of cases in the Britain and American legal system. Secondly, this part compares the foreseeable regulation of the French Civil Law and that of the German Civil Law. Thirdly, the author introduces the foreseeable regulation in the Japanese Civil Law and the international treaty and summarized the application scope of the foreseeable regulation.The third part discusses the basic contents of the foreseeable...
Keywords/Search Tags:the Foreseeable Regulation, the Equenlence Theory, Damages, the Complete Compensation Principle
PDF Full Text Request
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