A Research On The Rule Of Foreseeable In Damages For Breach Of Contract

Foreseeable rules as a definite rule to determine the scope of damages is directly related to the scope of rights and obligations of the parties to the contract,and has an important position in the contract law.Although article 113 of Contract Law of The People's Republic of China has determined Foreseeable rules clearly,we still have to analyze the frontier studies thoroughly,especially the Predictable principle in the Chinese civil law system and the Anglo-American law system,and come up with suggestions because the determination is only a simple statement of the legislation or jurisprudence of other countries and has not formed a complete and predictable rule system that conforms to China's reality.According to the study I did,I divided the structure of this article into six parts:The first part is the introduction,which mainly includes the significance of researching Foreseeable rules and the research status at home and abroad.The second chapter is the analysis of the theoretical basis of the Predictable Principles.Scholars from different countries studying Foreseeable rules have different understandings of the theoretical basis of Foreseeable rules.The third part explores the general theory of Foreseeable rules.I analyzed the existing different perspectives from the foreseeable subjects,time,content and standards,and put forward my own views on the controversial issues in this chapter.The fourth part focuses on specific application of Foreseeable rules.In the process of applying Foreseeable rules,the identity of the parties,the consideration of the transaction,the place of performance of the contract and the performance of the contract may affect the scope of the compensation.When we guarantee the fairness of the defaulter,it must also be restricted by other factors.The fifth part is the status quo of Foreseeable rules in China and suggestions for improvement.Although the rules of Foreseeable rules were formally stipulated in the Contract Law of The People's Republic of China,the design of the law is too simple and crude.What's more,there are endless situations in the judicial practice.Therefore,we should learn from other countries' existing provisions in legislation and judgment,combine them with the current status of using this rule in China then come up with suggestions.The sixth part is the conclusion.Predictability rules is to determine the scope of thedamages,directly affect the scope of the rights and obligations of the parties to a contract,the right explanation and the predictability of the rules can promote the efficiency,encourage information sharing,realize the fair competition,safeguard social fairness and justice,promote the development of social economy and the rule of law.