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日本民法第416条采用英国法的可预见性原则规定了违约损害赔偿的范围。而在此后的学说继受中,第416条=德国的相当因果关系说成了通说并被判例所采用。其后,学者对相当因果关系说进行批判并提出了保护范围说、合同利益说等各种新的学说。但是,这些解释纷繁复杂且相互对立,并与第416条的条文严重脱节。因此,此次日本债权法修改为了使第416条浅显易懂,顺应社会和经济的发展,拟对其进行修改。迄今为止,法制审议会提出了诸多论点和修改提案;学界和律师界也对第416条进行了深入而广泛的讨论,并提出了各自的建议草案。
Article 416 of the Japanese Civil Code adopts the predictable principle of English law to stipulate the scope of damages for breach of contract. In the subsequent doctrine inherited, Article 416 = Germany’s causal relationship was said to have been adopted and adopted by the jurisprudence. Later, the scholars criticized the causal relations and put forward various new theories such as the scope of protection, the theory of contract benefits and so on. However, these interpretations are complicated and mutually antagonistic and severely out of line with the provisions of article 416. Therefore, this revision of the Japanese creditor’s rights law is intended to make Article 416 plain and comprehensible and comply with the social and economic development and intends to amend it. So far, the Legislative Council has put forward many arguments and proposed amendments. The academic circles and lawyers have also held an in-depth and extensive discussion on Article 416 and put forward their own draft proposals.