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可预见规则为限制违约损害赔偿范围的最重要的标准之一,在世界各国民法或合同法中得到了普遍的承认。合同法中违约损害赔偿的可预见规则是指合同当事人一方因违约给另一方当事人造成损害时,只就违约方在缔约时预见或应当预见到的因违约造成的损失负责赔偿,超出预见范围的损失不予以赔偿。因此,可预见规则的有效应用可以有效控制违约损害完全赔偿的情况,促使违约情况发生之后,公平分配损失,以保护非违约方的利益和平衡双方当事人的利益。为了使我国合同法可以依据可预见规则,科学、合理、有效的应用,维护双方当事人的合法利益。本文将详细的分析可预见规则的界定、发展、理论基础及其使用范围,进而对我国合同法中可预见规则进行思考,希望有利于确定合同法中可预见规则的效率,提高合同法的实用性。
Foreseeable rules as one of the most important criteria to limit the extent of damages for breach of contract have been universally recognized in civil law or contract law of all countries in the world. The foreseeable rule of compensation for breach of contract in the contract law means that when one of the parties to the contract causes damages to the other party due to the breach of contract, compensation is only made for the damages foreseen or foreseen by the breaching party due to breach of contract at the time of contracting, which is beyond the scope of the foreseen Loss is not compensable. Therefore, it is foreseeable that the effective application of the rules can effectively control the case of full compensation for damages and prompt the fair distribution of losses after a breach, so as to protect the interests of non-defaulting parties and balance the interests of both parties. In order to make our contract law can be based on predictable rules, scientific, reasonable and effective application, safeguard the legitimate interests of both parties. This article will analyze in detail the definition of foreseeable rules, development, theoretical basis and scope of its use, and then to the foreseeable rules of the contract law in our country, hoping to determine the efficiency of the foreseeable rules of the contract law and improve the practical application of the law of contract Sex.