A Study On The Judicial Application Of The Law Of Benefit Compensation In Contract Law

Compensation of expectant interest is a very important issue in the field of contract law system, is also the difficulty and blind spots in judicial practice. Objective to protect the expectation interests of this contract system, in our "contract law" article113rd will be a clear. But this provision cannot meet the need of reality, in the basis of the legal provisions and the application of damage compensation principle of contract disputes, judicial distress is the most available interests loss compensation. Therefore, further analyzes the concepts and characteristics of the possible benefits, there is a strong academic significance on theory, it has important practical value for the judiciary This paper first defines the possible benefits of meaning, and summarizes the characteristics of. Acquirable interest is when things normal development, contract the parties sign the contract and proper performance, can get the property value-added benefits. Characterized by relative certainty, availability, property and the difficulties of proof. Secondly the study of compensation of expectant interest of the applicable rules of judicature in our country, puts forward some problems in the people’s court may on the cases of compensation rules the hearing of cases where applicable. Again discusses application of predictability rule, the deterministic rules of judicial application of attainable interest compensation rules in the rule set and the judicial application, then the need to pay attention to the judicial application of the problem put forward, hope for the future in the judicial practice to help。...