Studies On Compensation For Reliance Interest In Contract

The nowadays private legal science, moved towards the social standard by individual standard. Based on the honest credit principle as well as the litigant benefit comprehensive protection, the reliance interest related theory question arises at the historic moment. The reliance interest compensation idea start in the Roman law customer right of suit system, and so on the multitudinous jurists gives the systematization after Ye Lin and theorizes the elaboration. To 20th century, the reliance interest compensation has established and acknowledged by legislation and judicial practice of the Mainland legal system, British and American legal system countries and area. Regardless of in mainland legal system country or British and American legal system country, the reliance interest all has obtained universal acknowledgment and it has obtained a varying degree protection. The continental method believed that, the reliance interest is the legal act invalid and the relative person trusts it for effectively, because the invalid result suffers harm. The British and American principle believed that, the reliance interest was based on the faith which granted to the defendant, the plaintiff changed his situation, sentenced the damage compensate eliminates, the another reason for the plaintiff to trust the harm which the defendant granted suffers. The reliance interest is the contract or the important contract entrusts with the litigant inherently, because of trusts suffers the loss the benefit, universal property benefit and opportunity benefit. This article uses the comparison the method, from reliance interest and compensation system concept, historical evolution, constitution important document and so on several aspects, trusted the benefit compensation system to the contract in to make a more comprehensive inspection and the evaluation. Through to trusts the benefit compensation system the related legislation and the theory root research, discusses this rule in our country legal regime development and the consummation.