Study On Foreseeability Rule Of Damages For Breach Of Contract In The United Nations Convention On Contracts For The International Sales Of Goods

In contract law, damages for breach of contract are a serious problem. In the specific application, we often need the help of all kinds of rules in order to balance the interests of both parties of the contract or to maintain the integrity and fairness.Foreseeable rules are one of them. Since the rule was proposed in nineteenth Century, it has been widely recognized and accepted by the two genealogies of law. It was later inherited by the minor changes of the article 74.China being one of the parties of the “Convention”, adopted the principle by the “but” item in our Contract Law in 1999.But due to the lack of in-depth theoretical study and practical experience, the judicial practice of our country mostly can not accurately grasp the rules applicable to the connotation, so the effect is not obvious.This article studies the "Convention" article 74. A total of 3 levels. First, the paper briefly introduces the concept of the rule of foreseeability. At the same time, sort out the predictable rule of history, have a macro understanding of the problem.The second, to explore the connotation of predictable rules at the micro level.Discusses the structure of predictable rules, which is the focus of the study. The problem with branch: The main foreseeable, Expected standard, Prediction of time,The object of foresight. The author analyzes the Convention on the sale of a literal interpretation of the rules. The analysis of the different academic point of view. On the basis of judicial cases, put forward their own point of view. In addition, the causal relationship theory is the basic theory of compensation for the breach of contract, Is closely related to it and the rule of Foreseeability, So I put it in this chapter.The last, based on the macroscopic and microscopic studies on the issue,the author simply evaluated the advantages and disadvantages of "Convention" in the application of foreseeable rules. Finally, the research perspective to the domestic,summarizes the rule of foreseeability in the legislation of our country and the application of the status quo, analysis of the causes of the problems as well as put forward some suggestions.