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Research On The Compensation For Reliance Interest--Discussing From The Institutional Design Of The Major Two Legal Systems

Posted on:2004-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:L J YanFull Text:PDF
GTID:2156360092487418Subject:International law
Abstract/Summary:PDF Full Text Request
Vertrauensinteresse or reliance interest is the interest intrinsic in the party of the contract endowed with by the contract or the offer, while incurred loss by reason of reliance. It comprises proprietary interest and opportunity interest. Nowadays, civil law has already developed from individual standard to social standard. With the inherent requirement of bona fide doctrine and in need of full-scale protect of the interest of the contractual party, the related theories on reliance interest come into existence and will play a more and more important role with the increasingly developed industry and commerce and the increasing frequency of social dealing.The theory on reliance interest has been studied for many years and has born a plentiful and substantial result. Now whether in the Civil Law System or the Common Law System, reliance interest has been commonly accepted and awarded respective protections. In the Civil Law System, reliance interest is the losses suffered by the opposite party because of the nullification of the juristic act (especially the contract), which is relied upon by the opposite party to be effective. While in the Common Law System, since the plaintiff has changed his position based on his reliance in the promise made by the defendant, only by awarding damages to the plaintiff can the losses be removed by reason of such reliance. The damage awarded in this circumstance is just the reliance interest. There is a huge difference between the major two legal systems with respect to the viewpoint of this issue and the institutional design itself on the reliance interest. However, it is the establishment of the theory on reliance interest that enables the parties of the contract to gain the compensation equivalent to the losses incurred because of his reliance on the other party after signing the contract.The dissertation first discusses the respective development of the institution on the reliance interest in the Civil Law System or the Common Law System, then explores the specific foundation for his petition and the extent of compensation, from which we can see that the compensation for reliance in the major two legal systems has different institutional design. The compensation for reliance interest in the Common Law System performs dual functions, while there is some similarity in the function of protecting the safe bargain in the major two legal systems.Compared with other countries, the relative theory about reliance interest inChina has not been given in-depth study. There are a few regulations in the laws and regulations, especially in the contract law, but they are still very unclear. However, the theory about reliance interest has already played a very important role in the conclusion and execution of the contract. The aim of this dissertation is to make a comparative study of the laws on the compensation for reliance interest, explore the common foundation for legislation hidden behind the different institution and use the respective regulations in the other countries for reference, which will be of benefit to the construction of the relative institution in our country.The dissertation is in all made of six parts.The introduction of the dissertation introduces the definition of reliance interest in the Civil Law System and the Common Law System. In the Civil Law System, reliance interest is the losses suffered by the opposite party because of the nullification of the juristic act (especially the contract), which is relied upon by the opposite party to be effective. While in the Common Law System, since the plaintiff has changed his position based on his reliance in the promise made by the defendant, only by awarding damages to the plaintiff can the losses be removed by reason of such reliance. The damage awarded in this circumstance is just the reliance interest.Chapter One is about the respective development of the institution on the reliance interest in the Civil Law System or the Common Law System. The discussion of this issue in the Civil Law System began...
Keywords/Search Tags:Interest--Discussing
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