合同法可预见性规则研究
发布时间：2019-01-18 11:01
【摘要】：作为违约损害赔偿中完全赔偿原则的例外,可预见性原则自其确立之日起,就逐渐被英美法系和大陆法系中大多数国家所接受。我国《合同法》第113条规定的是可预见性规则,其确立有利于保障交易的安全,但由于对可预见性规则的规定过于概括,又缺乏系统的研究,使得可预见性规则在我国的司法实践中适用不多。本文通过回顾分析可预见性规则的起源与发展,深入研究不同时间段内规则适用的具体情况,简述可预见性规则的基本内容,分析其理论基础,进而从立法现状和司法实践两个方面入手研究可预见性规则在我国的适用情况,以期提出有效措施来促进可预见性原则的发展。
[Abstract]:As an exception to the principle of full compensation for damages for breach of contract, the principle of predictability has been accepted by most countries in Anglo-American law system and civil law system since its establishment. Article 113 of contract Law of our country stipulates the rule of predictability, its establishment is helpful to guarantee the security of transaction, but because the rule of predictability is too general, it lacks systematic research. The rule of predictability is seldom applied in judicial practice in our country. By reviewing and analyzing the origin and development of predictability rules, this paper makes a thorough study of the application of the rules in different periods of time, briefly describes the basic contents of the rules, and analyzes the theoretical basis of the rules. Then the author studies the application of predictability rules in our country from two aspects of legislation and judicial practice in order to put forward effective measures to promote the development of the principle of predictability.
【作者单位】： 北京交通大学;
【分类号】：D923.6
，
本文编号：2410646
[Abstract]:As an exception to the principle of full compensation for damages for breach of contract, the principle of predictability has been accepted by most countries in Anglo-American law system and civil law system since its establishment. Article 113 of contract Law of our country stipulates the rule of predictability, its establishment is helpful to guarantee the security of transaction, but because the rule of predictability is too general, it lacks systematic research. The rule of predictability is seldom applied in judicial practice in our country. By reviewing and analyzing the origin and development of predictability rules, this paper makes a thorough study of the application of the rules in different periods of time, briefly describes the basic contents of the rules, and analyzes the theoretical basis of the rules. Then the author studies the application of predictability rules in our country from two aspects of legislation and judicial practice in order to put forward effective measures to promote the development of the principle of predictability.
【作者单位】： 北京交通大学;
【分类号】：D923.6
，
本文编号：2410646
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