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Reasonably foreseeable contract law rules apply to research

Author: HuangJingWei
Tutor: FanLiZuo
School: Yantai University
Course: Civil and Commercial Law
Keywords: Reasonably foreseeable Ability to foresee Scope
CLC: D923.6
Type: Master's thesis
Year: 2010
Downloads: 78
Quote: 0
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Abstract

China's \\the benefits obtained, but shall not exceed the breaching party at the time of the conclusion of the contract foresaw or should have foreseen to possible losses due to breach of contract. \range of factors, the relationship with the relevant rules and should reflect the value of some of the basic position, resulting in the reasonably foreseeable rules apply judicial practice often appear confused, bias and controversy. Many scholars have conducted extensive studies and research have, however, do not form a unified theory, practical application and operation of the process remains problematic. The article tries to the judicial practice reasonably foreseeable standard, predictable capacity and the scope of the discussion to establish reasonably foreseen standards and scope of application, and explain the impact of factors that determine the ability to foresee should be considered, in order to avoid reasonably foreseeable contract law rules apply in confused. The full text of three parts: The first part is reasonably foreseeable rule overview. Elaborated the theory and the legislation of the reasonably foreseeable rule, from the doctrine of the rule in the interpretation the reasonably foreseeable nature of the rules, the practical value of the reasonably foreseeable rules, as well as the application of this rule to be treated with the principle of full compensation. The second part is a discussion on the ability to foresee. Discussion of the national legislation with the theoretical analysis, established the defaulting party to foresee the subject; analysis of the internal mechanism of subjective criteria and objective criteria, established the distinction between general cognitive and specific cognitive subjective and objective combination depending on influencing factors determine the expected standard; determine whether the reasonably foreseeable need to consider the impact of factors from both subjective and objective analysis. The third part is about the scope of application of the rules reasonably foreseeable. First, the analysis Culpa This rule does not apply, the default does not apply for the the general willful default and efficiency reasonably foreseeable rules, come to the the only unintentional breach of contract damages for breach of the rules applicable reasonably foreseeable, clear the only measure and limit rules applicable only reasonably foreseeable benefits losses, and losses are not applicable. Second, the analysis of reasonably foreseeable loss of benefits rules apply prerequisite; to establish predictable content, a clear general damages and special damages distinction and transformation conditions.

Reasonably foreseeable contract law rules apply to research

Abstract

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