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谁受损:责任法则比较合同法理应促使人们去履行相互间订立的协议,而赔偿法(违法责任法)的任务则在于制裁对所有权的侵犯行为。当然,这种侵犯必须是协议中没有提到的或没能达成一致的。由于最终排除了私下协商,赔偿法则就面临了这样的问题:对互惠交换关系的帕累托最优结果的考虑会完全不顾及市场机制。至于如何通过实施相应的责任
Who is impaired: The law of liability is more contractual Jurisprudence should prompt people to fulfill the mutual agreement, and the law of compensation (the law of the law of responsibility) is to sanction the violation of ownership. Of course, this violation must not be mentioned in the agreement or failed to reach an agreement. As a result of the eventual elimination of private negotiation, the law of compensation is faced with the problem that the Pareto optimal result of reciprocal exchange relations takes into account completely disregard of the market mechanism. As for how to implement the corresponding responsibility