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损害赔偿责任的认定一直是合同法中的重点问题,在责任认定的众多原则中可预见性规则举足轻重,无论是大陆法系还是英美法系都在合理限制损害赔偿范围中是频繁适用该原则。顾名思义,该原则的内涵在于损害赔偿责任限制在可预期的范围之内,这种设定不仅保护了受害人利益,同时合理分配了损害风险,在法学理论研究中尤其是司法实践领域都具有广泛的指导意义。在立法中我国同样承认了可预见性规则,但在司法实践过程中困难重重,效果差强人意,这种现状有违该原则设立的初衷,不利于双方利益风险的合理分配,进而阻碍了市场交易公平效率的展开。反思我国可预见性规则司法适用中的不足,完善该规则十分必要。
The identification of the liability for damages is always a key issue in the contract law. The foreseeable rules are the most important among the many principles for the determination of liability. Both the civil law system and Anglo-American legal system apply the principle in a reasonable manner. As the name implies, the connotation of this principle lies in that the limitation of liability for damages is within the range that can be expected. This kind of setting not only protects the interests of victims but also rationally distributes the risk of damage, and has extensiveness in the field of jurisprudence theory, especially in judicial practice The guiding significance. In the legislation, our country also admits the rules of foreseeability. However, it has many difficulties and unsatisfactory results in the process of judicial practice. This status quo is contrary to the original intention established by the principle, which is not conducive to the rational distribution of the interest risks of both parties, thus impeding the fairness of the market transactions Efficiency expansion. Reflecting on the inadequacy of the judicial application of the predictability rules in our country, it is very necessary to improve the rules.