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Protection System Of Reliance Interest

Posted on:2008-07-01Degree:MasterType:Thesis
Country:ChinaCandidate:Z H ZhuFull Text:PDF
GTID:2166360212494208Subject:Law
Abstract/Summary:PDF Full Text Request
Reliance interest is a legal interest based on the principle of good faith. In the case of some damages happened on the base of maintain the trust relationship between the parties; reliance interest specially admits that the trust party could seek contract interest compensation caused by invalid legal acts. The purpose of the reliance interest protection system is to protect the legal interests of contract parties, guarantee the safety of transactions, safeguard the principle of good faith, and maintain the order of market economy. Modern countries, whether common law countries or civil law countries, widely acknowledge the reliance interest, and impose protection at different levels. To protect the reliance interest, our law adopts the mult liability of civil law system, and refers to the principle of compensation of common law system. In our "Contract Law", article 42 makes first official confirmation of the fault liability. There is no dispute that the reliance interest should be protected and the reliance interest damages should be compensated. But actually, it is difficult to operate. Particularly, with regard to the scope of reliance interest damages and the protection system, there is a big controversy. Further studies are needed to fully protect the reliance interest, promote the safety of transactions and maintain normal order of trade. This paper tries to illustrate and analyze the theories and controversial issues of reliance interest, with a view to the issue of the role played appetizers.This paper first outlines the reliance interest, analyzing the legal connotation, features, and the legal meanings of the reliance interest Meanwhile, the author intends to deepen the awareness of reliance interest through the study of expectation interest In this part, the author explores what is reliance interest and why should the law protect this interestIn the second part of the paper, the author studied the legal components, the basis of seeking compensation, the scope and restrictions of reliance interest compensation. This part is to solve how to protect the reliance interest damages.In the third part of the paper, the author studied the origins and development of reliance interest protection in civil law system and common law system, primarily in the areas of contract tew. In civil law system, it is mainly through the fault liability theory to protect the reliance interest at mis stage; and as a supplement to the theory of prices, the theory of reliance interest in common law system is mainly reflected promissory estoppel principle. The two systems have their own characteristics, but they are both based on the principles of good faith to protect the reliance interest of the parties in the contracting process. In the fourth part of the paper, the author studied the current system situation and the scope of application of our reliance interest protection, which lead to a study about reliance interest compensation in fault liability system. Then through the analysis about the legislative shortcomings of fault liability system in our country, the author puts forwards the perfection suggestion of fault liability for reference.
Keywords/Search Tags:Reliance interest, Reliance interest damages, Fault Liability, Promissory estoppel principle
PDF Full Text Request
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