The Predictable Rules Of Default Damages Compensation

Predictable rules, is a way to limit the scope of compensation for damages in breach.In the legislation of our country stipulates the predictable rules, but the provisions are abstract, applicable to the many specific problems not clearly, cause the rules lack of maneuverability. Based on this, this paper discusses the three parts, the rules apply to a detailed analysis of the specific problem.The first part, analyzes the background of predictable rules,the conclusion is due to social life needs.Social life requires the law to limit the full scope of compensation, and predictable rules is one of them.Now that the social life of the rules have corresponding demand and the rules in put forward to now has a history of over one hundred years, can see the rules, will have its value.In the first part of this paper analyze the value of predictable rules. Through the analysis in this article that its is the greatest value lies in the rational allocation of trading risk in order to achieve the purpose of encouraging trading.The second part, through refer a questionnaire tables pointed out that problems of predictable rules in our country. Problems is that is not effectively applicable,not a very good play to the value of the rules. And then analyses the foreseeable rules reasons for problems, through the analysis, this paper thinks that the key reason for the law too abstract and some specific problems for unspecified, and the lack of maneuverability.The third part, for part of the analysis, the first part describe the foreseeable rules apply to need clear foreseen standards and impact of the rules apply to the other factors.The prime minister will clear foresee the subject, that is, the defaulting party is how the defaulting party-specific the defaulting party and the abstract of the defaulting party, how to judge the abstract the defaulting party;Second clear what is the extent of the foreseen, namely, in what circumstances is the defaulting party in conclude a contract foreseen, what conditions is the defaulting party in when a contract is not foresee the; Again, clear what is "to foresee" and "should have foreseen".Finally, the need to clear breach the subjective state whether foreseeable influence the application of the rules. Through the analysis of the above problem, it is concluded that the application of the rules foreseeable standards. In the foreseeable standard applicable rules clear case, should also consider other factors.This paper in the innovation of the combined with predictable rules of the background analysis of the rules of value,and put forward their views on the issue whether parties deliberately affect the rules applicable.