违约损害赔偿中可预见规则研究

Research on Foreseeability Rule on Compensation of Damage for Contract Breach

合同法中的可预见规则最早产生于法国,随后被各国所继承并得到不断发展和完善。其含义是合同当事人违约给对方造成财产损失,违约一方当事人承担损害赔偿责任的范围应是因为违约造成的财产损失和在订立合同时双方当事人可以合理预见到的财产损失。本文对可预见规则的历史渊源、主要理论学说、具体实践适用以及适用的例外等方面对可预见规则进行充分探究,为可预见规则在司法实践中正确适用提供适当参考和借鉴。

The foreseeability rule of the Contract Law was originated in France , which was subsequently inherited by all countries and had been continuous developing and improving. The meaning of foreseeability rule is that one of the parties to a contract breaks the contract and causes losses to property to the other parties. Damages that the defaulting party is liable for are the loss of property that both sides reasonably foresaw when they concluded the contract. This article tried to research the foreseeablility rule in terms of its source, the basis of its theory, practice application, the exceptions and so on. The article hoped that it can provide some references when the foreseeablility rule is applied in judicial practice.