The Protection For Attainable Interest In The Contract Dispute Of The Second-hand Housing Sales

Compensation for attainable interest is the core of damage compensation for breach, however, it is a weak point in the study of compensation for damage compensation for breach. During the trial practice of contract dispute of the bargain of second-hand houses, there lies difficulties of the definition and calculation of attainable interest due to lack of legislation and theoretical support. This essay tries to execute a research of such an issue in order to provide a theoretical support for actual practice and also to offer a brief introduction of the study of the protection for attainable interest in the contract dispute of the second-hand housing sales. The whole essay contains four sections:The first section summarizes the issues exist in the protection of attainable interest in the contract dispute of the second-hand housing sales. Based on the current situation and reasons of the disputes, the essay proposes the problems existing in the protection of attainable interest: the theoretical dispute of the definition of attainable interest, the basis of the protection of attainable interest and the reality of the confirmation of the amount.The second section analyze the theoretical and realistic basis of attainable interest in the contract dispute of the second-hand housing sales. First by investigating the comparative law of the protection of attainable interest and discussing the related academic perspectives in China, the essay theoretically points out the necessity of protecting attainable interest in the contract dispute of the second-hand housing sales. Then by analyzing the current condition of the legislation and judicatory practice of the protection of the attainable interest , the essay traces the realistic basis and feasibility of the protection of attainable interest.The third section analyzes that the major obstacle of the protection of attainable interest in the dispute of the second-hand housing sales is the rule foreseeability. On the premise of establishing the rule of foreseeability as the necessary restrictions of protection of attainable interest, the essay analyzes the conflicts and congruity of the protection of attainable interest and the rule of foreseeability in such contract dispute and proposes the suggestion that the rule of foreseeability should be applied differently. This essay considers that the types of the rule of foreseeability can be treated differently and considers the common situation existing in the market price difference of houses as predictable. It also pointed that the rule of foreseeability can be treated differently according to the loss of the profit of reselling a house and the loss of other profits, as well as to the subjective mentality of the violators—whether it is on purpose or not—and the effectiveness of the breach.The fourth section explains the concrete criterion and suggestion for consummation of the protection of attainable interest in the contract dispute of the second-hand housing sales. This section analyzes the protection of attainable interest from the four aspects: the premise, the regulation, the choice of calculation methods and other related problems of the protection of attainable interest in the contract dispute of the second-hand housing sales.