Comparative Research On The Compensation For Contractual Reliance Interest

The system of contract reliance interest have theoretic and practical values. Thedomestic and international scholar study the system of reliance interest extensively.The author talks about the conception of the reliance interest system and the typesapplication, the range of compensation and propose the improvements by studyingthe difference between the two fundamental law departments. Firstly, the author thinkthat a conception must be abstract and general, so the conception of reliance interestmust include the regulation of two fundamental law departments, the author proposethe conception of reliance interest include the two fundamental law departments.Secondly, conclude the basic differences of the two fundamental law departmentssystems: the liability of fault in negotiating of civil law department is beyond thecontract, on the contrary, the types application of common law are very extensive, itcan not only apply when the contract is not exist or cancelled and invalid, but alsoapply when the contract is valid. Finally, propose the improvements of our system:the system can not connect with the validity, that is to say, if only the fault occur inthe period of signing the contract, even if the contract is valid or not, another can suitfor compensation. Second, about the limitation of compensation, our system shouldadopt the system of Anglo-American law, divide it to two parts, necessary relianceand accessory reliance, and make different regulations. Third, about the way ofcompensation calculation, the author maintain that the contract interest should bedivided to three types: pure reliance interest,pure fulfillment interest and returnedinterest, in order to avoid the phenomenon of double compensation.