The Research On The Damages Foreseeability Rule Of CISG

"United Nations Convention on the International Sale of Goods"(hereinafter referred to as "CISG") is a blend of the two legal systems each product. The CISG predictability in the application of the rules of the rule more abstract and specific rules applicable there are some difficulties in the process, so the legal issues have a high theoretical and practical research value. Based on the sources of law, the legal basis grasp the "foreseeability rules" above, the focus CISG damage "foreseeability rule" and "subject", "time", "awareness", "subjective and objective criteria" and "predictable content " elements of the analysis carried out. Combined CISG instance to abstract rules of the concrete, in order to better grasp and apply CISG damage "foreseeability rule" provides certain reference.The first part is an overview of predictable rules, including the contents of two sections, the first section describes the legal predictability of rules. In legal predictability, and predictability for rules theory has a variety of theories, this article highlights one of the more representative of several, including the autonomy that balance the interests of that cause and effect relationship that fair to say, and said policy. And through the analysis of the different theories of comparative explore the theoretical basis behind it, in order to get a more predictable rules for theories foundation. French scholars say possession of autonomy in the preceding several major doctrine is very important, even dominant position, where it considers autonomy refers to a consensual party liquidated damages of risk allocation, depending on the parties expressly or implied intent. It said that the balance of interests is established on the basis of economic theory built on its pursuit of socially optimal efficiency, and efficiency from the perspective of seeking to justify the reasons foreseeability rule-based, predictable rules can promote a more comprehensive grasp of the information the party to take appropriate measures to reduce the risk, or that if he thinks the other contracts may be more efficient risk prevention or risk diversification persons who, it can be to disclose the risk to him of the right to pay a price, in turn for him to bear the risk of loss. In this way, it can ultimately produce a maximum excitation efficiency of the allocation of risk. The efficiency is the measure of the rule of law is an important criterion. Causality would foreseeability rule as one criterion for judging causality, foreseeability will not rule as an independent rule. Reflects a fair say in the rights and obligations of the parties, etc., one should not assume too many responsibilities and obligations and enjoy fewer rights, leading to an unfair result. Policy says shows foreseeability rule is a tool to achieve policy objectives, namely to promote the development of market economy. From the nature and objectives of the law, the law is a tool of the ruling class, which is to use the law in order to achieve the policy objective envisaged for it.In the second quarter of this section describes the civil law and common law rule of foreseeability, predictability of rules related to civil law, including France, Germany, China’s mainland and France, Japan, China’s mainland and France, Taiwan of China, the introduction of civil law civil law, common law Department covers the English case law, the case law of the United States, the US Commercial Code, restatement of American contract law and other statutes involving the US predictable rules.The second part discusses the basic content predictable rules. Its specific content, includes a first section of the new rules outlined CISG predictable, which introduces the definition of predictability in the rules of the CISG, CISG and the provisions for civil law and common law system similar reference, as well as distinguish the difference between other systems, including distinction and causation and fault liability in tort and contract predictability of rules and distinction. Section II This section describes the elements of foreseeability of the rules, including the main elements, time elements, understanding requirements and foresee content. This part is the core sections of this paper, the concept and predictability to the constituent elements for clues, combined with the history of the development of CISG, institutional differences between different legal systems between the introduction of specific cases in practice and the relevant provisions of CISG behind combining the above analysis legislative purpose, I believe that the final proposed a more reasonable interpretation of the provisions of the CISG.The third part of the basis of the text on the front, focusing on the predictability of contract law rules were introduced, including three sections, the first section introduces the history and current situation of contract law rules of predictability, from the second quarter legal requirements applicable to the angle of contract law rules were foreseeability analysis, including anticipated subject, the time foreseen, foreseeable content of the last one noted the problems of contract law rules predictability faced, defects, and by combined with the preceding analysis for CISG predictability in the rules, we put forward a sound program of this article.