Trust In The Interests Of The Compensation Study

Culpa in contrahendo is a very important theory in the civil law, which is studied in detail, conversely, as the liability of which, the reliance interest is discussed infrequently, this doesn't mean which is of no importance to us. the only reason is that the importance of Reliance Interest isn't attached great. This is why the author selected it as the graduation thesis.This paper consists of six parts:In the first part In order to have a clear knowledge of the Reliance Interest theory, the author considers that we must make it clear of the concept of which before the deeper discussion, the author makes a comparison between the traditional theory "benefit" and "damage" .then draws a conclusion that they are identical as a coil has its two sides, on the basis of which, the author makes a effort to provides a new concept which can include the two law systems.In the second part, the author holds that the Reliance Interest has its unique character on the basis of using a comparison method of horizontal direction , ie, make a detailed comparison of the reliance interest between the civil law systems and the common law systems. The author finds out of which that there is much obvious distinctions . and which should be reminded of in the following remark.In the third part. The traditional idea is that the theory foundation of the reliance Interest is built on the "reliance", not the "Bona fides", yet, with a comparison method of longitudinal direction, The author makes a analysis of the reason of the fall of traditional contract theory and the rise of modem contract theory. Then, find a change that the modern law idea has converted from inward to exterior. And hold that it is "reliance", not "Bona fide" that founds the basis of the "reliance Interest".In the fourth part. The author initially discuss the structural member of the Reliance Interest. But he points out whether it is necessary or not is still questionable. Due to the time restriction , the author doesn't make a deeperstudy.In the fifth part. What is the most important and complicated is the compensation for the Reliance Interest. The author indicates that the scope of compensation includes not only "actual damage" but also "accessible benefit" . of which there is some differences from the Expectation Benefit Owing to the complication of compensation for the Reliance Interest. The author can't but briefly narrates the calculation of the reliance Interest And translates one of professor Lefsin 's treatises relevant to compensation calculation for reference.In the sixth part. Primarily ,The author combs theory of Contributory negliegence. Then indicates to the shortcoming of conventional viewpoint. The author considers it necessary to set up a dichotomy between the origination and the expansion of damages and apply different regulation.