期刊论文

My Views on the "Pedictable" as a Restriction Rule in Against-contract Compensations

中文

Huazhong Shifan Daxue Xuebao (Renwen Sheke Ban)

1000-2456

2001

40

4

57-59

10.3969/j.issn.1000-2456.2001.04.009

本校为第一机构

世界上不少国家的立法、判例和法理将"可预见性”作为一项规则用以限制违约者违约赔偿的范围.应该说创制这一规则的宗旨是值得肯定的,但这一规则在内容和操作上存在许多弊端,确定这一规则,弊大于利."可预见性”限制规则的宗旨完全可以通过确定因果关系(相当因果关系)标准和免责制度以及减损规则实现.

Many countries over the world take 'predictable' as a restriction rule to confine the field of compensation for those who are against contracts. Although this rule has its advantages, in its content and operation, it still has many disadvantages which have more bad effects than good effects it brings. This thesis thinks that the purpose of the creation of this rules can be fulfilled by the determinatio...