The Interests Of The Trust In Damages

Reliance on promise is one of legal behaved facts (including done or undone) based on some objective reality, on the faith in other people's promise naturally and the tenability of other people's legal behavior. Reliance interest often refers to the parties" deserved interest. The parties who suffer from the interest damage because of other people's illegal behavior have the rights to ask for the reliance interest in damage compensation. In this thesis, the author delves thoroughly into the bases, components, applicable scope of the reliance interest in damage compensation and its requiring right's quality and prescription and also gives a lot of suggestion to perfect and strengthen our legal system. The author believes: the responsibility for the reliance interest in damage compensation is one of the five civil liabilities, existing simultaneously with the responsibility for breaking the contract, the responsibility for infringing upon legal rights, the responsibility for reaping benefits illegally and the responsibility for unjust enrichment. Our legislation should replace the negligent responsibility for concluding a treaty with the responsibility for the reliance interest in damage compensation. The reliance interest in damage compensation should be placed at the core in order to set up and strengthen our reliance interest protection legal system. Besides the introduction and the conclusion, this thesis includes six sections.The first section delves into the implications of reliance on promise and reliance interest and also into the legal value of the reliance on promise, points out reliance on promise binds the executing of the contract and is the source of the expanding of the contract responsibilities. This section also includes that reliance interest is the relier's deserved interest. The protection for it has the features of compensation and prevention.The second section compares the responsibility for concluding a treaty in continental legal system and the theory of reliance interest in damage compensation in English and American legal system. The author concludes: the legal relief for the reliance interest in damage compensation includes the expected interest in damage compensation and the reliance interest in damage compensation. The third part delves thoroughly into the bases, components, applicable scope of thereliance interest in damage compensation.The forth section analyses the method, scope and restriction of the reliance interest in damage compensation. The author thinks the reliance interest in damage compensation doesn't include the non-property compensation in principle and isn't limited by the expected interest.The fifth section discusses on the requiring right's quality and prescription for the reliance interest in damage compensation. The author states the requiring right for the reliance interest in damage compensation is made only because such law can protect the safety of the contract execution.The sixth part discusses the significance and feasibility of the reliance interest in damage compensation and presents many suggestions to set up and strengthen our legal system.