Comparative Research On The Protection Of Contractual Reliance Interest

The protection of contractual reliance interest has always been an important issue in the legal field. In civil law, it is realized through culpa in contrahendo liability, while in common law, it is based on the rule of " promissory estoppel". But these conceptions can not satisfy the need of modern society. To build a reliable market economical order, a wider, more intensive and practical reliance interest protection mechanism is essential. With the method of comparative analyse, this paper explores the protective object of contractual reliance interest and the basic principles and content of reliance interest protection, as well as some suggestions to the development of China's contractual reliance interest protection rules.The paper concludes four parts. Part one deals with the basic theory of contractual reliance interest protection, which concerns three aspects: the first is the definition of reliance interest, supplying the author's opinion through evaluating the definition; Then the analysis of the characteristics of reliance interest; the third aspects discusses the legal theory of reliance interest protection on the basis of comparative analysis. Part two compares the difference of reliance interest protection in civil law and common law, including the application, components of damage recovery, the scope and methods of recovery. Part three deals with the reliance interest protection issue in international treaties and international usage. Part four concerns the regulations and perfection of reliance interest protection of Chinese legal system, raising some suggestions such as supplying some more intensive regulation on reliance interest protection, improving legislative technique and valuing the function of cases.