On The Determination Of The Scope Of Damages For Breach Of Contract

The accurate determination of the liability for compensation,especially the clarification of the scope of compensation,is of great significance to ensure the full realization of the purpose of the contract.The Chinese "Civil Code" promulgated this year provides sufficient space for private autonomy,mobilizes and stimulates the potential of citizens to engage in civil activities and create social wealth.It is a declaration of private rights protection.Its promulgation indicates the arrival of a new era of legal rights protection.Under this general background,this article first starts with the concept of compensation for breach of contract,and discusses systematically the relevant connotation and extension of it from different levels such as damages due to breach of contract,principles to define the scope of damages for breach of contract,and the difference with tort liability.Based on the judicial practice of our country,combined with the different legislative situations,academic viewpoints of other countries and relevant provisions of Chinese “Civil Code”,applied the principle of complete compensation,the scope of compensation for breach of contract in China is analyzed and properly defined.At last,from the perspective of protecting the healthy development of the overall economy and society and preventing and restricting the excessive abuse of rights,related issues such as conditions and scope of the restrictive rules of the principle of complete compensation(include the predictability rule,the rule of profit and loss,the rule of negligence and the rule of mitigation of losses)are analyzed and discussed,in order to provide a reference basis for a more comprehensive and accurate understanding and solving the problem of determining the scope of compensation for breach of contract,thereby promoting fairness and efficiency of transactions and realizing the optimal allocation of social resources.