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可预见性规则是指损害赔偿的范围以违约方订立合同时预见到或应当预见到的因违反合同可能造成的损失为限,是合同法领域的一个重要规则。它将违约方的违约责任限制在缔约时已经预见或应当预见到的损失范围内。我国合同法中规定了可预见性规则,作为违约损害赔偿中对可得利益的限制。但是可得利益损失不像现实的损失那样容易计算,把握不好就会有失公平,直接影响到当事人的利益。因此在实务中,对可预见性规则的把握显得越发重要。
The rule of foreseeability is that the scope of damages is an important rule in the field of contract law based on the loss foreseeable or foreseeable at the time of conclusion of the contract by the defaulting party as a result of breach of contract. It limits the breaching party’s liability for breach of contract to the extent of the loss foreseen or foreseen at the time of the contract. China’s contract law provides for predictability rules as a limitation of the available benefits in the default damages. However, the loss of available profits is not as easily calculated as the loss of reality. If the miscarriage of justice is not good, it will be unfair and directly affect the interests of the parties concerned. Therefore, in practice, it is more and more important to grasp the rules of predictability.