The Research Of Reasonably Foreseeable Rule

The academia generally advocated the rule of reasonable foresight to benefitcompensation can be adjusted after wrong action. There is also the view that the ruleof reasonable foresight can be used to adjust the default damages, and can be appliedto the compensation of expectant interest. This paper is based on the latter point ofview, to strive for the more comprehensive discussion on the rule of reasonableforesight.The historical origin of the rule of reasonable foresight is the main introductionof the first part. This part of the paper list the legislation pattern of the Rome law, theFrench law, the German law, the Anglo-American law and the Chinese law, andthrough a comparative study of the reduction rules of history and the future trends ofreasonable foreseeability.The second part elaborates the status and value of the rule of reasonable foresight.From the angle of the law and economics, the spirit of the contract law, the ethics andlaw to interpretation its importance. And this part also determine the value ofreasonable foresee to the guidance on the practice.The third part studies the applicable of the rule of reasonable foresight. In thecomprehensive educational circles says, and study in the applicable conditions ofreasonable foresight, including the five theoretical problems, namely, the foreseesubject, the foresee content, the foresee time, the foresee extent and the foreseestandard. In the rule of reasonable foresight foreseeable standard issue, thoughforeseeable standard is conducive to the fairness and efficiency in the general case,but cannot ignore the standard may will hinder the realization of the goal of fairnessand efficiency in some special circumstances. This part summarized exceptions in theapplication of the reasonable foresight.The fourth part mainly has conducted the research to the rule of reasonableforeseeability in establishment law of our country. Mainly from the supplementaryto establish information disclosure system and the implied terms system and so on. Although try to get the innovation, the conclusion may be superficial or error, hopingfor indications.