On The Compensation System Of Contractual Reliance Interest

With the development of productivity,the circle of acquaintance of a person is expanding gradually,and reliance among people emerges in the process of communication.The existence of reliance is the foundation of human contact in the time of commodity.The theoretical questions of the Reliance Interest have already been studied abroad for many years,and the high achievement has attained,but there is no one definition of Reliance Interest been accepted commonly at present.In my opinion,Reliance Interest refers to that a probable loss or spending which occurs on the base of reasonable reliance of defaulting party.And the loss should not be made up until the contract be performed normally.In brief,Reliance Interest is a kind of special interest which is protected legally.Regardless of continental law system countries or Anglo-America law system countries,Reliance Interest has been admitted and protected generally,but the protection mode has not been unified because of different legal tradition between continental law system and Anglo-America law system.Compensation for damage is the only protected way after the reliance interest is destroyed,so the research of compensation system of the Reliance Interest is the important subject we should study.In legal meaning,the thorough analysis of Reliance Interest is the foundation of perfecting legislation.This text exactly proceeds from the point mentioned above.Except the introduction,the full text is divided into six parts as follows:The introduction recommends the origin and the importance of reliance,as well as the time characteristic of the Reliance Interest.The summing up explains what the author thinks herein.Part one tells the system meaning of the Reliance Interest,including the concept, legal characteristic and legal principle value of the Reliance Interest.The Reliance Interest has the legal characteristics such as good will nature in formation,the inherence of the existence,the extension of the content,and the objectivity of the losses.The Reliance Interest and the Anticipated Interest are the concepts apt to obscure.The two are different in some aspects,such as the precondition, legal principle value.The Reliance Interest is the base of judging the validity of the contract,is the supplement to the security system of the traditional trade and the foundation of compensation for damage.Part two is about the protection of Reliance Interest in the two law system.In this part, the author particularly discusses the beginning,the process of development,concept, theoretical basis,inscapes and applying of the two protected systems on Reliance Interest.Liability arising from negligence during negotiation for a contract,means during the process of concluding contract,if one of the parties performs the obligation according to the principle of good faith,and the damage to the interest of the other party who relies on his acts is occurred,he should be liable for the damage.Estoppel is also called one should not repudiate his commitment or eat off his words after his promise.It means according to the obligation of good faith,the promise maker should abide by the donation or volunteer duty he promised,and the promise should be enforced.Part three recommends the different of Reliance Interest in two fundamental law systems.After the introduction of the institution in continental law system and Anglo-America law system separately,the author explains the Similarities and differences between them.Part four is about the compensation system of the Reliance Interest.This part is the focus of the whole article,and is divided into three aspects.They are the constitutive requirements,responsibility defining and concrete applicable shape.The fist aspect has recommended the constitutive requirements of the compensation system of the Reliance Interest.The second aspect introduces the compensation range of the Reliance Interest,and the restriction of the compensation ranges of the Reliance Interest.The third aspect tells us several kinds of shapes of the compensation system of the Reliance Interest which can be used concretely and "commonly,such as malicious consult maliciously,revocation of an offer after it takes effect,the contract being cancelled,the contract of gift being cancelled,and the advertisement offering a reward being cancelled.Part five mainly explains how to perfect our County's legislation system and how to establish and improve the system of Compensation of Contractual Reliance Interest.This part can be divided into two halves.The first half part introduces our Country's current legislation on the Reliance Interest and evaluates it.And the author also analyzes the legislation's advantages and disadvantages objectively.The last half proposes some superficial views of improving our Country's compensation system of the Reliance Interest.The last part is the conclusion,summing up the full essay.