英国合同法减损制度及对中国的启示

Mitigation Rule in English Contract Law and Its Experiences for China

减损制度是合同法中对遭受损失一方应尽的减损义务的规定,它限定当事人赔偿数额时与当事人的意思无关,未尽到此义务导致的扩大部分的损失属于不可赔偿的范围。然而,损失减少义务并非适用于所有案件,在当事人不能采取合理措施或者按照法律规定的情形无需采取合理措施时,可以不履行损失减少义务。英国是最早确立减损制度的国家,在对减损义务的认定和适用范围的确定、合理性原则的具体适用等方面有成熟的判例规则,对我国合同法减损制度的完善和运用具有借鉴意义。

Mitigation rule in contract law is designed for the tion is nothing to do with parties＇ will, but in relation to co party who suffers loss as a result of breach. Its applicanfining damages The plantiff＇ s loss arising without taking actions to mitigate will not be recovered from the defendant. However, such an obligation is not necessary in all contract cases, if the plantiff cannot perform the obligation or the regulations do not ask for it. Mitigation rule is applied in England at an very early age, and it is integrated and well -established in English law, including qualifi cation, application scope, application of and the principle of reasonableness in judicial practice. It may provide us with some experiences in reform and application of mitigation rule in China.